Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 1 of 45
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`AIRE TECHNOLOGY LTD.,
`
`Plaintiff,
`
`Case No. ______________
`
`v.
`
`JURY TRIAL DEMANDED
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST SAMSUNG ELECTRONICS CO., LTD AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`
`This is an action for patent infringement arising under the Patent Laws of the United States
`
`of America, 35 U.S.C. § 1 et seq., in which Plaintiff Aire Technology Limited (“Plaintiff” or
`
`“Aire”) makes the following allegations against Defendants Samsung Electronics Co., Ltd. and
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`Samsung Electronics America, Inc. (collectively, “Defendants” or “Samsung”):
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`INTRODUCTION
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`1.
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`This complaint arises from Samsung’s unlawful infringement of the following
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`United States patents owned by Plaintiff, which relate to improvements in Near Field
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`Communication (NFC) and secure digital payment solutions: United States Patent Nos. 8,581,706
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`(“the ’706 Patent”), 8,816,827 (“the ’827 Patent”), 8,205,249 (“the ’249 Patent”), and 8,174,360
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`(“the ’360 Patent”) (collectively, the “Asserted Patents”).
`
`PARTIES
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`2.
`
`Plaintiff Aire Technology Limited is a limited liability company organized and
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`existing under the law of Ireland, with its principal place of business at The Hyde Building, Suite
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`6:21-cv-00955
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`1
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`SAMSUNG 1100
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 2 of 45
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`23, The Park, Carrickmines, Dublin 18, Ireland. Aire is the sole owner by assignment of all rights,
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`title, and interest in the Asserted Patents, including the right to recover damages for past, present,
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`and future infringement.
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`3.
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`On information and belief, Defendant Samsung Electronics Co., Ltd. is a
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`corporation organized under the laws of South Korea, with its principal place of business at 129
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`Samsung-ro, Maetan-dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, 443-742, South Korea.
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`4.
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`On information and belief, Defendant Samsung Electronics America, Inc., a wholly
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`owned subsidiary of Samsung Electronics Co., Ltd., is a corporation organized under the laws of
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`the State of New York, with its principal place of business at 85 Challenger Rd., Ridgefield Park,
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`New Jersey 07660.
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`JURISDICTION AND VENUE
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`5.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`6.
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`This Court has personal jurisdiction over Samsung in this action because Samsung
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`has committed acts within this District giving rise to this action and has established minimum
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`contacts with this forum such that the exercise of jurisdiction over Samsung would not offend
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`traditional notions of fair play and substantial justice. Samsung, directly and through subsidiaries
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`or intermediaries, has committed and continues to commit acts of infringement in this District by,
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`among other things, importing, offering to sell, and selling products that infringe the Asserted
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`Patents.
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`7.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). Defendant
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`Samsung Electronics America, Inc. is registered to do business in Texas. Additionally, upon
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`information and belief, Defendants have transacted business in this District and have committed
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`acts of direct and indirect infringement in this District by, among other things, making, using,
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`offering to sell, selling, and importing products that infringe the Asserted Patents. Defendants
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`have regular and established places of businesses in this District, including at 12100 Samsung
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`Boulevard, Austin, Texas 78754; 7300 Ranch Road 2222, Austin, Texas 78730; and 1700 Scenic
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`Loop, Round Rock, Texas 78681. See Exhibits 1-3. Additionally, venue is proper as to a foreign
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`defendant in any district. 28 U.S.C. § 1391(c)(3); In re HTC Corp., 889 F.3d 1349 (Fed. Cir.
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`2018). Defendant Samsung Electronics Co., Ltd. is a foreign corporation organized under the laws
`
`of Korea, with a principal place of business in Korea.
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`THE ASSERTED PATENTS
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`8.
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`On November 12, 2013, the United States Patent and Trademark Office issued U.S.
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`Patent No. 8,581,706 (“the ’706 Patent”), entitled “Data storage medium and method for
`
`contactless communication between the data storage medium and a reader,” after full and fair
`
`examination. Plaintiff is the assignee of all rights, title, and interest in and to the ’706 Patent and
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`possesses all rights of recovery under the ’706 Patent, including the right to recover damages for
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`past, present, and future infringement. The ’706 Patent is valid and enforceable. A true and correct
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`copy of the ’706 Patent is attached hereto as Exhibit 4.
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`9.
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`On August 26, 2014, the United States Patent and Trademark Office issued U.S.
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`Patent No. 8,816,827 (“the ’827 Patent”), entitled “Data storage medium and method for
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`contactless communication between the data storage medium and a reader,” after full and fair
`
`examination. Plaintiff is the assignee of all rights, title, and interest in and to the ’827 Patent and
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`possesses all rights of recovery under the ’827 Patent, including the right to recover damages for
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`
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`3
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`past, present, and future infringement. The ’827 Patent is valid and enforceable. A true and correct
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`copy of the ’827 Patent is attached hereto as Exhibit 5.
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`10.
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`On June 19, 2012, the United States Patent and Trademark Office issued U.S. Patent
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`No. 8,205,249 (“the ’249 Patent”), entitled “Method for carrying out a secure electronic transaction
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`using a portable data support,” after full and fair examination. Plaintiff is the assignee of all rights,
`
`title, and interest in and to the ’249 Patent and possesses all rights of recovery under the ’249
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`Patent, including the right to recover damages for past, present, and future infringement. The ’249
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`Patent is valid and enforceable. A true and correct copy of the ’249 Patent is attached hereto as
`
`Exhibit 6.
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`11.
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`On May 8, 2012, the United States Patent and Trademark Office issued U.S. Patent
`
`No. 8,174,360 (“the ’360 Patent”), entitled “Communication apparatus for setting up a data
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`connection between intelligent devices,” after full and fair examination. Plaintiff is the assignee
`
`of all rights, title, and interest in and to the ’360 Patent and possesses all rights of recovery under
`
`the ’360 Patent, including the right to recover damages for past, present, and future infringement.
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`The ’360 Patent is valid and enforceable. A true and correct copy of the ’360 Patent is attached
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`hereto as Exhibit 7.
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`SAMSUNG’S INFRINGEMENT
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`12.
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`The allegations provided below are exemplary and without prejudice to Plaintiff’s
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`infringement contentions provided pursuant to the Court’s scheduling order and local rules.
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`Plaintiff’s claim construction contentions regarding the meaning and scope of the claim terms will
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`be provided under the Court’s scheduling order and local rules. As detailed below, each element
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`of at least one claim of each of the Asserted Patents is literally present in the accused products. To
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`the extent that any element is not literally present, each such element is present under the doctrine
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`4
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`of equivalents. Plaintiff’s analysis below should not be taken as an admission that the preamble is
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`limiting. While publicly available information is cited below, Plaintiff may rely on other forms of
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`evidence to prove infringement, including evidence that is solely in the possession of Samsung
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`and/or third parties.
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`13.
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`The accused products include at least the following products, as well as products
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`with reasonably similar functionality and all Edge, Plus (+), Active, and SIM varieties of these
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`products. Identification of the accused products will be provided in Plaintiff’s infringement
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`contentions pursuant to the Court’s scheduling order and local rules. Samsung imports, uses,
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`makes, offers for sale, and sells in the United States the following products that support NFC
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`and/or mobile payment applications, such as Samsung Pay and Google Pay, that infringe at least
`
`one claim of the Asserted Patents: Galaxy S6, S6 Edge, S6 Edge +, S6 Active, S7, S7 Edge, S7
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`Active, S8, S8+, S9, S9+, S10, S10+, S10e, S10 5G, S20, S20 +, S20 Ultra, S21, S21+, S21 Ultra,
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`Note 5, Note 7, Note FE, Note 8, Note 9, Note 10, Note 10+, Note 10 5G, Note 20, Note 20 Ultra,
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`A50, A51, A51 5G, A71 5G, A52 5G, A42 5G, A32 5G, Fold, Fold 2 5G, Fold 3 5G, Flip, Flip
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`5G, Flip 3 5G, Watch, Watch 3, Watch 4, Watch Active, Watch Active2, Gear Sport, Gear S2
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`Classic, Gear S2 Sport, Gear S3 Classic, and Gear S3 Frontier (the “Accused Products”). See
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`https://www.samsung.com/us/support/owners/app/samsung-pay.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 8,581,706
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`14.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`15.
`
`Samsung has been and is now directly infringing the ’706 Patent, literally and/or
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`under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a), including by making, using,
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`5
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`selling, and/or offering for sale in the United States or importing into the United States infringing
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`products, including at least the Accused Products identified above. The Accused Products satisfy
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`all of the claim limitations of one or more claims of the ’706 Patent, including but not limited to
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`claim 11.
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`16.
`
`Claim 11 of the ’706 Patent recites a “contactlessly communicating portable data
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`carrier.” To the extent the preamble is limiting, the Accused Products each include a portable data
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`carrier that is capable of contactless communication through the use of Near Field Communication
`
`(NFC) technology. For example, Samsung advertises that the Accused Products support NFC:
`
`
`
`
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`See https://www.samsung.com/global/galaxy/galaxy-s21-ultra-5g/specs/.
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`17.
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`Claim 11 of the ’706 Patent recites that the portable data carrier comprises “at least
`
`two applications stored thereon.” The Accused Products are configured to store at least two
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`6
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`applications. For example, the Accused Products are configured to store at least two applications
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`that utilize NFC:
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`
`
`
`
`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
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`18.
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`Claim 11 of the ’706 Patent recites that the portable data carrier comprises “a
`
`communication device configured to control communication between a reading device and the at
`
`least two applications.” The Accused Products contain a communication device configured to
`
`control communication between a reading device and at least two applications. For example, the
`
`Accused Products utilize an NFC antenna, NFC chip, and related hardware and software to control
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`communication with a reading device and at least two applications, as shown in the exemplary
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`Samsung S21:
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`7
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`1S Be eae acy
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`NFC
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`8
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`NFC Chip
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`9
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 10 of 45
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`
`
`See https://www.commoncriteriaportal.org/files/epfiles/SecurityTarget-
`
`Lite_SN100T_v1.1_20190418.pdf; see also https://www.emvco.com/wp-
`
`content/uploads/approved_products/uploaded/loa/MTA_LOA_SAEL_02859_24Nov20_SHORT
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`.pdf.
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`10
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 11 of 45
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`
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`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
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`19.
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`Claim 11 of the ’706 Patent recites “wherein the communication device is set up to
`
`generate communication-readiness signals to the reading device which in each case indicate to the
`
`reading device a communication readiness for one of the applications and comprise an
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`identification number assigned to the corresponding communication-readiness application.” The
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`Accused Products contain a communication device that is set up to generate communication-
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`readiness signals to the reading device which in each case indicate to the reading device a
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`communication readiness for one of the applications and comprise an identification number
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`assigned to the corresponding communication-readiness application. For example, the
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`communication device generates communication-readiness signals to an NFC reader which
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`comprise of an Application ID (AID) that corresponds to an application:
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`11
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`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
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`20.
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`Claim 11 of the ’706 Patent recites “wherein the communication device is set up to
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`store information in a nonvolatile memory of the data carrier about which of the at least two
`
`applications last communicated with a reading device.” Each of the Accused Products contains a
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`communication device that is set up to store information in a nonvolatile memory of the data carrier
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`about which of the at least two applications last communicated with a reading device. For example,
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`the Accused Products provide information about the last application that communicated with a
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`reading device:
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`12
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`
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`See https://publish.samsungsimulator.com/simulator/d9740827-40a4-4580-bf1e-
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`3373b789f187/#!topic/basic_functions/view_recent_transactions.
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`21.
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`Samsung also knowingly and intentionally induces infringement of one or more
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`claims of the ’706 Patent in violation of 35 U.S.C. § 271(b). As of at least the filing and service
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`of this complaint, Samsung has knowledge of the ’706 Patent and the infringing nature of the
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`Accused Products. Despite this knowledge of the ’706 Patent, Samsung continues to actively
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`encourage and instruct its customers and end users (for example, through user manuals and online
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`instruction materials on its website, and other online publications cited above) to use the Accused
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`Products in ways that directly infringe the ’706 Patent, for example by utilizing the NFC
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`functionality on the Accused Products and/or mobile payment applications, such as Samsung Pay
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`or Google Pay, in an infringing manner. Samsung does so knowing and intending (or with willful
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`13
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 14 of 45
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`blindness to the fact) that its customers and end users will commit these infringing acts. Samsung
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`also continues to make, use, offer for sale, sell, and/or import the Accused Products, despite its
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`knowledge of the ’706 Patent, thereby specifically intending for and inducing its customers to
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`infringe the ’706 Patent through the customers’ normal and customary use of the Accused
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`Products.
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`22.
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`Samsung has also infringed, and continues to infringe, one or more claims of
`
`the ’706 Patent by selling, offering for sale, or importing into the United States, the Accused
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`Products, knowing that the Accused Products constitute a material part of the inventions claimed
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`in the ’706 Patent, are especially made or adapted to infringe the ’706 Patent, and are not staple
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`articles or commodities of commerce suitable for non-infringing use. Samsung has been, and
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`currently is, contributorily infringing the ’706 Patent in violation of 35 U.S.C. §§ 271(c) and (f).
`
`23.
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`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Products, Samsung has injured Plaintiff and is liable for infringement of the ’706
`
`Patent pursuant to 35 U.S.C. § 271.
`
`24.
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`As a result of Samsung’s infringement of the ’706 Patent, Plaintiff is entitled to
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`monetary damages (past, present, and future) in an amount adequate to compensate for Samsung’s
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`infringement, but in no event less than a reasonable royalty for the use made of the invention by
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`Samsung, together with interest and costs as fixed by the Court.
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 8,816,827
`
`25.
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`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
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`14
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`26.
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`Samsung has been and is now directly infringing the ’827 Patent, literally and/or
`
`under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a), including by making, using,
`
`selling, and/or offering for sale in the United States or importing into the United States infringing
`
`products, including at least the Accused Products identified above. The Accused Products satisfy
`
`all of the claim limitations of one or more claims of the ’827 Patent, including but not limited to
`
`claim 22.
`
`27.
`
`Claim 22 of the ’827 Patent recites a “contactlessly communicating portable data
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`carrier.” To the extent the preamble is limiting, the Accused Products include portable data carriers
`
`that are capable of contactless communication through the use of Near Field Communication
`
`(NFC) technology. For example, Samsung advertises that the Accused Products support NFC:
`
`
`
`
`
`See https://www.samsung.com/global/galaxy/galaxy-s21-ultra-5g/specs/.
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`
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`15
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`28.
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`Claim 22 of the ’827 Patent recites that the portable data carrier comprises “at least
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`a first and second application stored thereon.” The Accused Products are configured to store at
`
`least two applications. For example, the Accused Products are configured to store at least two
`
`applications that utilize NFC:
`
`
`
`
`
`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
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`29.
`
`Claim 22 of the ’827 Patent recites “a communication device for controlling
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`communication between a reading device and the at least first and second applications.” The
`
`Accused Products contain a communication device configured to control communication between
`
`a reading device and the at least first and second applications. For example, the Accused Products
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`utilize an NFC antenna, NFC chip, and related hardware and software to control communication
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`with a reading device and at least a first and second application, as shown in the exemplary
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`Samsung S21:
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`16
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`BbRianae:bePee EBM ey 1S Be eae acy
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`NFC
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`NFC Chip
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`
`
`See https://www.commoncriteriaportal.org/files/epfiles/SecurityTarget-
`
`Lite_SN100T_v1.1_20190418.pdf; see also https://www.emvco.com/wp-
`
`content/uploads/approved_products/uploaded/loa/MTA_LOA_SAEL_02859_24Nov20_SHORT
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`.pdf.
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`
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`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
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`30.
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`Claim 22 recites “wherein the communication device is configured to generate a
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`first communication-readiness signal to the reading device which indicates to the reading device a
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`communication readiness for the first application and a second communication-readiness signal to
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`the reading device which indicates the reading device a communication readiness for the second
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`application and comprise an identification number assigned to the corresponding communication-
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`readiness application.” The Accused Products contain a communication device that is configured
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`to generate a first communication-readiness signal to the reading device which indicates to the
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`reading device a communication readiness for the first application and a second communication-
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`readiness signal to the reading device which indicates the reading device a communication
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`readiness for the second application and comprise an identification number assigned to the
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`corresponding communication-readiness application. For example, the communication device
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`generates communication-readiness signals to an NFC reader which comprise of an Application
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`ID (AID) that corresponds to an application:
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`20
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`Service selection
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`Whenthe usertaps a device to an NFC reader, the Android system needs to know which HCE service the NFC reader
`wants to communicate with. The ISO/IEC 7816-4 specification defines a way to select applications, centered around an
`Application ID (AID). An AID consists of up to 16 bytes. If you are emulating cards for an existing NFC reader
`infrastructure, the AIDs that those readers look for are typically well-known and publicly registered (for example, the AlIDs
`of payment networks such as Visa and MasterCard).
`
`If you wantto deploy newreader infrastructure for your own application, you must register your own AIDs. The
`registration procedure for AlDs is defined in the ISO/IEC 7816-5 specification. We recommend registering an AID as per
`7816-5 if you are deploying a HCE application for Android, becauseit avoids collisions with other applications.
`
`AID conflict resolution
`
`Multiple HostApduService components maybeinstalled on a single device, and the same AID can be registered by
`more than one service. Android resolves AID conflicts differently depending on which category an AID belongs to. Each
`category may havea different conflict resolution policy.
`
`For some categories, such as payment, the user might be able to select a default service in the Android settings UI. For
`other categories, the policy might be to always ask the user which service to invokein case of conflict. For information
`about howto query the conflict resolution policy for a certain category, see getSelectionModeForCategory() .
`
`The following is an example of the corresponding apduservice.xml file registering two AIDs:
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`
`
`
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`<offhost-apdu-service xmlns:android="http://schemas.android.com/apk/res/android"
`android:description="@string/servicedesc">
`<aid-group android:description="@string/subscription" android:category="other">
`<aid-filter android :name="FQ010203040506" />
`<aid-filter android :name="FQ394148148100" />
`</aid-group>
`</offhost-apdu-service>
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`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
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`31.
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`Claim 22 of the ’827 Patent recites “wherein the first communication-readiness
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`signal is generated for a first group of applications comprising a first plurality of applications
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`including the first application, and the first identification number is assigned to every application
`
`in the first group, and the second communication-readiness signal is generated for a second group
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`of applications comprising a second plurality of applications including the second application, and
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`the second identification number is assigned to every application in the second group, the first
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`communication-readiness signal indicating to the reading device the communication readiness of
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`every application of the first group, and the second communication-readiness signal indicating to
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`the reading device the communication readiness of every application of the second group.” The
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`Accused Products generate the first communication-readiness signal for a first group of
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`applications comprising a first plurality of applications including the first application, and the first
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`identification number is assigned to every application in the first group, and the second
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`communication-readiness signal is generated for a second group of applications comprising a
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`second plurality of applications including the second application, and the second identification
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`number is assigned to every application in the second group, the first communication-readiness
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`signal indicating to the reading device the communication readiness of every application of the
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`first group, and the second communication-readiness signal indicating to the reading device the
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`communication readiness of every application of the second group. For example, the Accused
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`Products are configured to generate Application IDs (AID) for at least a first and second group of
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`applications:
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`22
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`
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`See https://developer.android.com/guide/topics/connectivity/nfc/hce#aid-groups.
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`32.
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`Samsung also knowingly and intentionally induces infringement of one or more
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`claims of the ’827 Patent in violation of 35 U.S.C. § 271(b). As of at least the filing and service
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`of this complaint, Samsung has knowledge of the ’827 Patent and the infringing nature of the
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`Accused Products. Despite this knowledge of the ’827 Patent, Samsung continues to actively
`
`encourage and instruct its customers and end users (for example, through user manuals and online
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`instruction materials on its website, and other online publications cited above) to use the Accused
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`Products in ways that directly infringe the ’827 Patent, for example by utilizing the NFC
`
`functionality on the Accused Products and/or mobile payment applications, such as Samsung Pay
`
`or Google Pay, in an infringing manner. Samsung does so knowing and intending (or with willful
`
`blindness to the fact) that its customers and end users will commit these infringing acts. Samsung
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`also continues to make, use, offer for sale, sell, and/or import the Accused Products, despite its
`
`
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`23
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 24 of 45
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`knowledge of the ’827 Patent, thereby specifically intending for and inducing its customers to
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`infringe the ’827 Patent through the customers’ normal and customary use of the Accused
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`Products.
`
`33.
`
`Samsung has also infringed, and continues to infringe, one or more claims of
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`the ’827 Patent by selling, offering for sale, or importing into the United States, the Accused
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`Products, knowing that the Accused Products constitute a material part of the inventions claimed
`
`in the ’827 Patent, are especially made or adapted to infringe the ’827 Patent, and are not staple
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`articles or commodities of commerce suitable for non-infringing use. Samsung has been, and
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`currently is, contributorily infringing the ’827 Patent in violation of 35 U.S.C. §§ 271(c) and (f).
`
`34.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Samsung has injured Plaintiff and is liable for infringement of the ’827
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`Patent pursuant to 35 U.S.C. § 271.
`
`35.
`
`As a result of Samsung’s infringement of the ’827 Patent, Plaintiff is entitled to
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`monetary damages (past, present, and future) in an amount adequate to compensate for Samsung’s
`
`infringement, but in no event less than a reasonable royalty for the use made of the invention by
`
`Samsung, together with interest and costs as fixed by the Court.
`
`COUNT III
`
`INFRINGEMENT OF U.S. PATENT NO. 8,205,249
`
`36.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`37.
`
`Samsung has been and is now directly infringing the ’249 Patent, literally and/or
`
`under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a), including by making, using,
`
`selling, and/or offering for sale in the United States or importing into the United States infringing
`
`
`
`24
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 25 of 45
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`products, including at least the Accused Products identified above. The Accused Products satisfy
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`all of the claim limitations of one or more claims of the ’249 Patent, including but not limited to
`
`claim 10.
`
`38.
`
`Claim 10 recites a “portable data carrier for performing a security-operation within
`
`a secure electronic transaction.” To the extent the preamble is limiting, the Accused Products
`
`include a portable data carrier for performing a security-operation within a secure electronic
`
`transaction. For example, the Accused Products support mobile payment applications, such as
`
`Samsung Pay and Google Pay, which enable users to perform a security-operation within a secure
`
`electronic transaction:
`
`See https://www.samsung.com/global/galaxy/galaxy-s21-ultra-5g/specs/.
`
`
`
`
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`25
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 26 of 45
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`
`
`See https://www.samsung.com/global/galaxy/what-is/samsung-pay/.
`
`39.
`
`Claim 10 of the ’249 Patent recites that the portable data carrier is “arranged to
`
`perform different quality user authentication methods.” To the extent the preamble is limiting, the
`
`Accused Products include a portable data carrier that is arranged to perform different quality user
`
`authentication methods. For example, the Accused Products support mobile payment applications,
`
`such as Samsung Pay and Google Pay, which utilize different quality user authentication methods:
`
`See https://www.samsung.com/us/support/answer/ANS00080583/.
`
`40.
`
`Claim 10 recites “wherein the difference in quality of said user authentication
`
`methods varies between an inherently relatively lower quality and an inherently relatively higher
`
`
`
`
`
`26
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 27 of 45
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`quality from a security perspective.” To the extent the preamble is limiting, the Accused Products
`
`include a data carrier arranged to perform different quality user authentication methods, wherein
`
`the difference in quality of said user authentication methods varies between an inherently relatively
`
`lower quality and an inherently relatively higher quality from a security perspective. For example,
`
`the Accused Products support mobile payment applications, such as Samsung Pay and Google Pay,
`
`which utilize different authentication methods that vary in quality from a security perspective:
`
`
`
`
`
`
`
`27
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 28 of 45
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`See https://www.samsung.com/us/samsung-pay/.
`
`See https://image-us.samsung.com/SamsungUS/home/samsung-pay/01202021/pdf/SamsungPay-
`
`Terms-of-Use_RewardsUpdate.pdf.
`
`
`
`
`
`See https://publish.samsungsimulator.com/simulator/d9740827-40a4-4580-bf1e-
`
`3373b789f187/#!top5/settings/turn_fast_checkout_on_or_off.
`
`41.
`
`Claim 10 of the ’249 Patent recites that “the portable data carrier is arranged to
`
`perform a user authentication using one of said implemented user authentication methods.” The
`
`
`
`28
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`

`

`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 29 of 45
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`Accused Products include a portable data carrier arranged to perform a user authentication using
`
`one of said implemented user authentication methods. For example, the Accused Products support
`
`mobile payment applications, such as Samsung Pay and Google Pay, which utilize different user
`
`authentication methods:
`
`
`
`
`
`See https://www.samsung.com/us/samsung-pay/.
`
`
`
`29
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`

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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 30 of 45
`
`See https://image-us.samsung.com/SamsungUS/home/samsung-pay/01202021/pdf/SamsungPay-
`
`Terms-of-Use_RewardsUpdate.pdf.
`
`
`
`
`
`See https://publish.samsungsimulator.com/simulator/d9740827-40a4-4580-bf1e-
`
`3373b789f187/#!top5/settings/turn_fast_checkout_on_or_off.
`
`42.
`
`Claim 10 of the ’249 Patent recites that “the portable data carrier is arranged to
`
`confirm the authentication to a terminal.” The Accused Products include a portable data carrier
`
`arranged to confirm the authentication to a terminal. For example, the Accused Products support
`
`
`
`30
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 31 of 45
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`mobile payment applications, such as Samsung Pay and Google Pay, and confirm the
`
`authentication to a terminal:
`
`
`
`
`
`See https://www.samsung.com/us/samsung-pay/.
`
`
`
`31
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`Case 6:21-cv-00955-ADA Document 1 Filed 09/15/21 Page 32 of 45
`Case 6:21-cv-00955-ADA Document1 Filed 09/15/21 Page 32 of 45
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