`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CPC PATENT TECHNOLOGIES PTY LTD.,
`
`Plaintiff,
`
`
`
`v.
`
`APPLE INC.,
`
` Defendant.
`
`Case No. 6:21-cv-00165
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`ORIGINAL COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff CPC Patent Technologies Pty Ltd. (“CPC” or “Plaintiff”) files this complaint for
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`patent infringement against Apple Inc. (“Apple” or “Defendant”) alleging, based on its own
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`knowledge as to itself and its own actions, and based on information and belief as to all other
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`matters, as follows:
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`NATURE OF THE ACTION
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`1.
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`This is a civil action arising under the patent laws of the United States, 35 U.S.C. §
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`1 et seq., including specifically 35 U.S.C. § 271, based on Apple’s infringement of U.S. Patent
`
`Nos. 9,269,208 (“the ’208 Patent”) and 9,665,705 (“the ’705 Patent”) (collectively, “the Secure
`
`Access Patents”), which have an application priority date of 2003, and 8,620,039 (“the ’039
`
`Patent”), which has an application priority date of 2005. The ’208 Patent, the ’705 Patent, and the
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`’039 Patent are referred to collectively herein as “the Patents-in-Suit”.
`
`2.
`
`The products accused of infringing the ’208 Patent and the ’705 Patent include
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`iPhones and iPads equipped with Touch or Face ID (“the Secure Access Accused Products”). The
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`products accused of infringing the ’039 Patent include the Secure Access Accused Products
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`equipped with Apple Card loaded into the iPhone Wallet (“the Secure Pay Accused Products”).
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 2 of 8
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`The Secure Access Accused Products and the Secure Pay Accused Products are referred to
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`collectively herein as “the Accused Products.”
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`THE PARTIES
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`3.
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`CPC is an Australian corporation having its principal place of business located at
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`Level 1, 18 Tedder Avenue, Main Beach, Queensland 4217, Australia.
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`4.
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`CPC is an investment company focused on biometric technology including mobile
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`device security, credit card security, and mobile payments. In 2019, CPC acquired a patent
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`portfolio, including the ’039 Patent, ’208 Patent, and ’705 Patent from biometric technology
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`pioneer Securicom (NSW) Pty Ltd (“Securicom”) from the liquidator of Securicom and inventor
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`Christopher Burke.
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`5.
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`Apple is a California corporation having a principal place of business located at
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`One Apple Park Way Cupertino, California 95014 and regular and established places of business
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`at 12535 Riata Vista Circle, Austin, Texas and 5501 West Parmer Lane, Austin, Texas.
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`Apple currently employs thousands of people in Austin, Texas.
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`Apple is in the process of building a new 15,000-employee campus in Austin,
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`6.
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`7.
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`Texas.
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`8.
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`Apple presently operates retail establishments at Barton Creek Square, Austin,
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`Texas and at Apple Domain Northside, Austin, Texas, where the Accused Products are sold.
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`9.
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`Apple is registered to do business in the state of Texas and lists CT Corp. System,
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`located at 1999 Bryan St., Suite 900, Dallas, Texas 75201 as its registered agent in the State of
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`Texas.
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 3 of 8
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`JURISDICTION AND VENUE
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`10.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a) because the claims herein arise under the patent laws of the United States, 35 U.S.C. § 1
`
`et seq., including 35 U.S.C. § 271.
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`11.
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`This Court has specific personal jurisdiction over Apple because Apple has
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`committed acts of infringement within the State of Texas and within this District through, for
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`example, the manufacture, advertising, offer for sale, and sale of the Accused Products in this
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`Judicial District.
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`12.
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`This Court has general personal jurisdiction over Apple, which regularly transacts
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`business in the State of Texas and this Judicial District, which includes having offices and stores
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`in this Judicial District, having established partnerships with other entities in this Judicial District
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`for the sale of various products, including the Accused Products, and having a registered agent for
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`service in Texas.
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`13.
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`Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§ 1391(b),
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`(c), and l400(b). Apple has regular and established places of business in this District, including at
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`12535 Riata Vista Circle and 5501 West Parmer Lane, Austin, Texas. Apple has committed acts
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`within this Judicial District including manufacturing and selling the Accused Products.
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`SECURICOM’S INNOVATION OF BIOMETRIC SECURITY TECHNOLOGY
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`14.
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`The inventions of the Secure Access Patents provide for enrollment in a biometric
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`security system where the user’s biometric data is stored securely. Once the user’s biometric data
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`is secure in an electronic device (e.g., a smartphone), the biometric data can be used to unlock the
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`electronic device.
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 4 of 8
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`15.
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`The invention claimed in the ’039 Patent is directed to improved smart card device
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`security provided using biometric data.
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`16.
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`On September 17, 2019, the United States Patent and Trademark Office recorded
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`an assignment of patent rights of certain patents (including the Patents-in-Suit) to CPC Patent
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`Technologies Pty Ltd. (“CPC”). CPC is a wholly-owned subsidiary of Charter Pacific. (See
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`https://www.charpac.com.au/further-clarification/.)
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`APPLE’S FORAY INTO THE BIOMETRIC SECURITY TECHNOLOGY
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`17.
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`In 2013, a decade after the priority application date for the Secure Access Patents,
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`Apple introduced the Touch ID security feature with the iPhone, which is a biometric fingerprint
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`recognition system used for, e.g., device access and payments. In 2017, Apple introduced Face
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`ID in, e.g., the Accused Products as a security feature alternative to Touch ID.
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`18.
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`On March 25, 2019, Apple introduced the Apple Card built into the iPhone Wallet
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`application with a range of security and privacy features, including integration of Touch ID and
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`Face ID biometrics. (See https://www.apple.com/newsroom/2019/03/introducing-apple-card-a-
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`new-kind-of-credit-card-created-by-apple/.)
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`THE PATENTS-IN-SUIT
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`19.
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`On December 31, 2013, the ’039 Patent, entitled “Card Device Security using
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`Biometrics,” was duly and legally issued by the United States Patent and Trademark Office. A
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`true and accurate copy of the ’039 Patent is attached hereto as Exhibit A.
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`20.
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`On February 23, 2016, the ’208 Patent, entitled “Remote Entry System,” was duly
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`and legally issued by the United States Patent and Trademark Office. A true and accurate copy of
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`the ’208 Patent is attached hereto as Exhibit B.
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 5 of 8
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`21.
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`On May 30, 2017, the ’705 Patent, entitled “Remote Entry System,” was duly and
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`legally issued by the United States Patent and Trademark Office. A true and accurate copy of the
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`’705 Patent is attached hereto as Exhibit C.
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`APPLE’S KNOWLEDGE OF THE PATENTS-IN-SUIT
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`22.
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`On March 19, 2020, CPC provided Apple specific notice of infringement regarding
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`the ’705 Patent and the ’039 Patent. (See Exhibit D.)
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`23.
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`By letter of May 14, 2020, counsel for Apple indicated Apple’s awareness of the
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`’208 Patent. (See Exhibit E.)
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`24.
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`Apple has not taken a license to the Patents-in-Suit.
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`FIRST CAUSE OF ACTION
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`(Infringement of the ’208 Patent)
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`25.
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`CPC incorporates by reference and realleges the allegations of Paragraphs 1
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`through 24.
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`26.
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`CPC owns all substantial rights, interest, and title in and to the ’208 Patent,
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`including the sole and exclusive right to prosecute this action and enforce the ’208 Patent against
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`infringers, and to collect damages for all relevant times.
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`27.
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`Claim charts showing how representative Accused Products directly infringes
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`representative claim 10 of the ’208 Patent are attached hereto as Exhibits F and G.
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`28. With knowledge of the ’208 Patent, Apple has induced its customers to infringe at
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`least claim 10 of that patent by instructing such customers regarding the registration for, and use
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`of, the Touch ID and Face ID functions of the Accused Products.
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`29.
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`30.
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`CPC has been damaged by Apple’s infringement of the ’208 Patent.
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`CPC has complied with 35 U.S.C. § 287 with respect to the ’208 Patent.
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 6 of 8
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`SECOND CAUSE OF ACTION
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`(Infringement of the ’705 Patent)
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`31.
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`CPC incorporates by reference and realleges the allegations of Paragraphs 1
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`through 30.
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`32.
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`CPC owns all substantial rights, interest, and title in and to the ’705 Patent,
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`including the sole and exclusive right to prosecute this action and enforce the ’705 Patent against
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`infringers, and to collect damages for all relevant times.
`
`33.
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`Claim charts showing how representative Accused Products directly infringes
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`representative claim 1 of the ’705 Patent are attached hereto as Exhibits H and I.
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`34. With knowledge of the ’705 Patent, Apple has induced its customers to infringe at
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`least claim 1 of that patent by instructing such customers regarding the registration for, and use of,
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`the Touch ID and Face ID functions of the Accused Products that resulted in the direct
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`infringement of at least that claim.
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`35.
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`36.
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`CPC has been damaged by Apple’s infringement of the ’705 Patent.
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`CPC has complied with 35 U.S.C. § 287 with respect to the ’705 Patent.
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`THIRD CAUSE OF ACTION
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`(Infringement of the ’039 Patent)
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`37.
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`CPC incorporates by reference and realleges the allegations of Paragraphs 1
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`through 36.
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`38.
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`CPC owns all substantial rights, interest, and title in and to the ’039 Patent,
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`including the sole and exclusive right to prosecute this action and enforce the ’039 Patent against
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`infringers, and to collect damages for all relevant times.
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 7 of 8
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`39.
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`A claim chart showing how a representative Accused Product directly infringes
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`representative claim 13 of the ’039 Patent is attached hereto as Exhibit J.
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`40. With knowledge of the ’039 Patent, Apple has induced its customers to infringe at
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`least claim 13 of that patent by instructing such customers regarding the registration for, and use
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`of, the Touch ID and Face ID functions to access Apple Card in the Accused Products that resulted
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`in the direct infringement of at least that claim.
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`41.
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`42.
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`CPC has been damaged by Apple’s infringement of the ’039 Patent.
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`CPC has complied with 35 U.S.C. § 287 with respect to the ’039 Patent.
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`JURY DEMAND
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`CPC hereby requests a trial by jury on all issues so triable by right.
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`PRAYER FOR RELIEF
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`WHEREFORE, CPC requests that:
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`A.
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`The Court find that Apple has directly infringed the Patents-in-Suit and hold Apple
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`liable for such infringement;
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`B.
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`The Court find that Apple has indirectly infringed the Patents-in-Suit by inducing
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`its customers to directly infringe the Patents-in-Suit and hold Apple liable for such infringement;
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`C.
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`The Court award damages pursuant to 35 U.S.C. § 284 adequate to compensate
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`CPC for Apple’s past infringement of the Patents-in-Suit, including both pre- and post-judgment
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`interest and costs as fixed by the Court;
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`D.
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`E.
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`The Court enter an injunction preventing further infringement by Apple; and
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`The Court award such other relief as the Court may deem just and proper.
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 8 of 8
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`Dated: February 23, 2020
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`
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` Respectfully submitted,
`
`/s/ Stewart Mesher -
`Stewart Mesher
`Texas State Bar No. 24032738
`K&L GATES LLP
`2801 Via Fortuna, Suite #350
`Austin, TX 78746
`Tel.: (512) 482-6841
`Fax: (512) 482-6859
`Stewart.Mesher@klgates.com
`
`Elizabeth A. Gilman
`Texas State Bar No. 24069265
`K&L GATES LLP
`1000 Main Street, Suite #2550
`Houston, Texas 77002
`Tel.: (713) 815-7327
`Fax: (713) 815-7301
`Beth.Gilman@klgates.com
`
`James A. Shimota
`(pro hac vice to be filed)
`Illinois State Bar No. 6270603
`George C. Summerfield
`(pro hac vice to be filed)
`Michigan State Bar No. P40644
`Dhohyung Kim
`(pro hac vice to be filed)
`Illinois State Bar No. 6336174
`K&L GATES LLP
`70 W. Madison Street, Suite #3300
`Chicago, IL 60602
`Tel.: (312) 807-4299
`Fax: (312) 827-8000
`Jim.Shimota@klgates.com
`George.Summerfield@klgates.com
`DK.Kim@klgates.com
`
`ATTORNEYS FOR CPC PATENT
`TECHNOLOGIES PTY LTD.
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`-8-
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