UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`AIRE TECHNOLOGY LTD.,
`
`Plaintiff,
`
`Case No. 6:21-cv-01101
`
`JURY TRIAL DEMANDED
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST APPLE 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 Defendant Apple Inc. (“Defendant” or “Apple”):
`
`INTRODUCTION
`
`1.
`
`This complaint arises from Apple’s unlawful infringement of the following United
`
`States patents owned by Plaintiff, which relate to improvements in Near Field Communication
`
`(NFC) and secure digital payment solutions: United States Patent Nos. 8,581,706 (“the ’706
`
`Patent”), 8,205,249 (“the ’249 Patent”), and 8,174,360 (“the ’360 Patent”) (collectively, the
`
`“Asserted Patents”).
`
`PARTIES
`
`2.
`
`Plaintiff Aire Technology Limited is a limited liability company organized and
`
`existing under the law of Ireland, with its principal place of business at The Hyde Building, Suite
`
`23, The Park, Carrickmines, Dublin 18, Ireland. Aire is the sole owner by assignment of all rights,
`
`Ex.1011
`APPLE INC. / Page 1 of 32
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`

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`title, and interest in the Asserted Patents, including the right to recover damages for past, present,
`
`and future infringement.
`
`3.
`
`On information and belief, Defendant Apple Inc. is a publicly traded corporation
`
`organized under the laws of the State of California, with its principal place of business at One
`
`Apple Park Way, Cupertino, CA 95014. Apple may be served with process through its registered
`
`agent, CT Corporation System, at 330 North Brand Boulevard, Suite 700, Glendale, CA 91203.
`
`JURISDICTION AND VENUE
`
`4.
`
`This action arises under the patent laws of the United States, Title 35 of the United
`
`States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`5.
`
`This Court has personal jurisdiction over Apple in this action because Apple has
`
`committed acts within this District giving rise to this action and has established minimum contacts
`
`with this forum such that the exercise of jurisdiction over Apple would not offend traditional
`
`notions of fair play and substantial justice. Apple, directly and through subsidiaries or
`
`intermediaries, has committed and continues to commit acts of infringement in this District by,
`
`among other things, importing, offering to sell, and selling products that infringe the Asserted
`
`Patents.
`
`6.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). Apple is
`
`registered to do business in Texas, and upon information and belief, Apple has transacted business
`
`in this District and has committed acts of direct and indirect infringement in this District by, among
`
`other things, making, using, offering to sell, selling, and importing products that infringe the
`
`Asserted Patents. Apple has regular and established places of business in this District, including
`
`at 12545 Riata Vista Cir., Austin, Texas 78727; 12801 Delcour Dr., Austin, Texas 78727; and
`
`
`
`2
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`Ex.1011
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`

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`3121 Palm Way, Austin, Texas 78758.1 Apple also has posted job listings for engineer positions
`
`related to NFC and/or Apple Pay in Austin, Texas, which is a job that concerns the implementation
`
`of the inventions contained in the Asserted Patents.2
`
`THE ASSERTED PATENTS
`
`7.
`
`On November 12, 2013, the United States Patent and Trademark Office issued U.S.
`
`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
`
`possesses all rights of recovery under the ’706 Patent, including the right to recover damages for
`
`past, present, and future infringement. The ’706 Patent is valid and enforceable. A true and correct
`
`copy of the ’706 Patent is attached hereto as Exhibit 1.
`
`8.
`
`On June 19, 2012, the United States Patent and Trademark Office issued U.S. Patent
`
`No. 8,205,249 (“the ’249 Patent”), entitled “Method for carrying out a secure electronic transaction
`
`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
`
`Patent, including the right to recover damages for past, present, and future infringement. The ’249
`
`Patent is valid and enforceable. A true and correct copy of the ’249 Patent is attached hereto as
`
`Exhibit 2.
`
`
`1 See, e.g., https://www.apple.com/newsroom/2019/11/apple-expands-in-austin/;
`https://www.google.com/maps/place/Apple+Inc./@30.4324406,-
`97.7359733,15z/data=!4m5!3m4!1s0x0:0x5852421ec4ac410c!8m2!3d30.4322558!4d-
`97.7359386; https://www.apple.com/retail/domainnorthside/.
`
` 2
`
` See, e.g., https://jobs.apple.com/en-us/details/200292503/nfc-uwb-field-design-
`engineer?team=HRDWR; https://jobs.apple.com/en-us/details/200299202/software-engineer-
`apple-pay?team=SFTWR.
`
`
`
`3
`
`Ex.1011
`APPLE INC. / Page 3 of 32
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`

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`9.
`
`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
`
`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.
`
`The ’360 Patent is valid and enforceable. A true and correct copy of the ’360 Patent is attached
`
`hereto as Exhibit 3.
`
`APPLE’S INFRINGEMENT
`
`10.
`
`The allegations provided below are exemplary and without prejudice to Plaintiff’s
`
`infringement contentions provided pursuant to the Court’s scheduling order and local rules.
`
`Plaintiff’s claim construction contentions regarding the meaning and scope of the claim terms will
`
`be provided under the Court’s scheduling order and local rules. As detailed below, each element
`
`of at least one claim of each of the Asserted Patents is literally present in the accused products. To
`
`the extent that any element is not literally present, each such element is present under the doctrine
`
`of equivalents. Plaintiff’s analysis below should not be taken as an admission that the preamble is
`
`limiting. While publicly available information is cited below, Plaintiff may rely on other forms of
`
`evidence to prove infringement, including evidence that is solely in the possession of Apple and/or
`
`third parties.
`
`11.
`
`The accused products include at least the following products, as well as products
`
`with reasonably similar functionality, including all Plus and Max sub-models. Identification of
`
`the accused products will be provided in Plaintiff’s infringement contentions pursuant to the
`
`Court’s scheduling order and local rules. Apple imports, uses, makes, offers for sale, and sells in
`
`the United States the following products that support NFC and/or mobile payment applications,
`
`
`
`4
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`Ex.1011
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`

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`such as Apple Pay, that infringe at least one claim of the Asserted Patents: iPhone 6, 6 Plus, 6S,
`
`6S Plus, SE (first and second generation), 7, 7 Plus, 8, 8 Plus, X, XR, XS, XS Max, 11, 11 Pro, 11
`
`Pro Max, 12, 12 mini, 12 Pro, 12 Pro Max, 13, 13 mini, 13 Pro, 13 Pro Max, Watch Series 1,
`
`Watch Series 2, Watch Series 3, Watch Series 4, Watch Series 5, Watch SE, Watch Series 6, and
`
`Watch Series 7 (the “Accused Products”). See https://support.apple.com/en-us/HT208531.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 8,581,706
`
`12.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`13.
`
`Apple has been and is now directly infringing the ’706 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 ’706 Patent, including but not limited to claim 11.
`
`14.
`
`Claim 11 of the ’706 Patent recites a “contactlessly communicating portable data
`
`carrier.” To the extent the preamble is limiting, the Accused Products each include a portable data
`
`carrier that is capable of contactless communication through the use of Near Field Communication
`
`(NFC) technology. For example, Apple advertises that the Accused Products support NFC:
`
`
`
`5
`
`
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`Ex.1011
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`

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`See https://www.apple.com/iphone-13/specs/.
`
`15.
`
`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
`
`applications. For example, the Accused Products are configured to store at least two applications
`
`that utilize NFC:
`
`See https://www.apple.com/wallet/.
`
`See https://developer.apple.com/wallet/get-started/.
`
`
`
`6
`
`
`
`
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`Ex.1011
`APPLE INC. / Page 6 of 32
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`

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`16.
`
`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
`
`communication with a reading device and at least two applications, as shown in the exemplary
`
`iPhone 13:
`
`See https://www.apple.com/iphone-13/specs/.
`
`
`
`
`
`See
`
`https://www.techinsights.com/blog/teardown/apple-iphone-13-pro-teardown;
`
`see
`
`also
`
`https://www.ifixit.com/Teardown/iPhone+13+Pro+Teardown/144928 (identifying NXP SN210V
`
`NFC controller with secure element).
`
`
`
`7
`
`Ex.1011
`APPLE INC. / Page 7 of 32
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`17.
`
`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
`
`identification number assigned to the corresponding communication-readiness application.” The
`
`Accused Products contain a communication device that 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 identification number
`
`assigned to the corresponding communication-readiness application. For example, the
`
`communication device generates communication-readiness signals to an NFC reader which
`
`comprise an identification number that corresponds to an application:
`
`
`
`8
`
`
`
`Ex.1011
`APPLE INC. / Page 8 of 32
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`

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`See https://support.apple.com/en-us/HT201239.
`
`See https://support.apple.com/en-us/HT209495.
`
`
`
`
`9
`
`
`
`
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`Ex.1011
`APPLE INC. / Page 9 of 32
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`

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`See https://support.apple.com/en-us/HT211234.
`
`See https://www.apple.com/wallet/.
`
`
`
`
`
`See https://www.apple.com/wallet/.
`
`18.
`
`Claim 11 of the ’706 Patent recites “wherein the communication device is set up to
`
`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
`
`
`
`10
`
`Ex.1011
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`communication device that is set up to store information in a nonvolatile memory of the data carrier
`
`about which of the at least two applications last communicated with a reading device. For example,
`
`the Accused Products provide information about the last application that communicated with a
`
`reading device:
`
`See https://support.apple.com/en-us/HT212786.
`
`
`
`
`
`11
`
`
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`Ex.1011
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`See https://support.apple.com/en-us/HT209489.
`
`19.
`
`Apple also knowingly and intentionally induces infringement of one or more claims
`
`of the ’706 Patent in violation of 35 U.S.C. § 271(b). As of at least the filing and service of this
`
`complaint, Apple has knowledge of the ’706 Patent and the infringing nature of the Accused
`
`Products. Despite this knowledge of the ’706 Patent, Apple continues to actively encourage and
`
`instruct its customers and end users (for example, through user manuals and online instruction
`
`materials on its website, and other online publications cited above) to use the Accused Products in
`
`ways that directly infringe the ’706 Patent, for example by utilizing the NFC functionality on the
`
`Accused Products and/or mobile payment applications, such as Apple Pay, in an infringing
`
`manner. Apple does so knowing and intending (or with willful blindness to the fact) that its
`
`customers and end users will commit these infringing acts. Apple also continues to make, use,
`
`offer for sale, sell, and/or import the Accused Products, despite its knowledge of the ’706 Patent,
`
`thereby specifically intending for and inducing its customers to infringe the ’706 Patent through
`
`the customers’ normal and customary use of the Accused Products.
`
`20.
`
`Apple 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 Products,
`
`knowing that the Accused Products constitute a material part of the inventions claimed in the ’706
`
`Patent, are especially made or adapted to infringe the ’706 Patent, and are not staple articles or
`
`commodities of commerce suitable for non-infringing use. Apple has been, and currently is,
`
`contributorily infringing the ’706 Patent in violation of 35 U.S.C. §§ 271(c) and/or (f).
`
`21.
`
`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Products, Apple has injured Plaintiff and is liable for infringement of the ’706 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`
`
`12
`
`Ex.1011
`APPLE INC. / Page 12 of 32
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`

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`22.
`
`As a result of Apple’s infringement of the ’706 Patent, Plaintiff is entitled to
`
`monetary damages (past, present, and future) in an amount adequate to compensate for Apple’s
`
`infringement, but in no event less than a reasonable royalty for the use made of the invention by
`
`Apple, together with interest and costs as fixed by the Court.
`
`COUNT II
`
`INFRINGEMENT OF U.S. PATENT NO. 8,205,249
`
`23.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`24.
`
`Apple 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 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 ’249 Patent, including but not limited to claim 10.
`
`25.
`
`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
`
`Apple Pay, which enable a security-operation within a secure electronic transaction:
`
`
`
`13
`
`Ex.1011
`APPLE INC. / Page 13 of 32
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`

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`
`
`See https://support.apple.com/en-us/HT201239.
`
`26.
`
`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 Apple Pay, which utilize different quality user authentication methods:
`
`
`
`14
`
`Ex.1011
`APPLE INC. / Page 14 of 32
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`

`

`
`
`
`
`See https://support.apple.com/en-us/HT204506.
`
`See https://support.apple.com/en-us/HT203027.
`
`
`
`15
`
`Ex.1011
`APPLE INC. / Page 15 of 32
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`

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`
`
`See https://support.apple.com/en-us/HT212171.
`
`27.
`
`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
`
`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 Apple Pay, which utilize
`
`different authentication methods that vary in quality from a security perspective:
`
`
`
`16
`
`Ex.1011
`APPLE INC. / Page 16 of 32
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`

`

`See https://support.apple.com/en-us/HT203027.
`
`See https://support.apple.com/en-us/HT212171.
`
`
`
`17
`
`
`
`
`
`Ex.1011
`APPLE INC. / Page 17 of 32
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`

`

`28.
`
`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
`
`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 Apple Pay, which utilize different user authentication
`
`methods:
`
`See https://support.apple.com/en-us/HT203027.
`
`
`
`
`
`18
`
`Ex.1011
`APPLE INC. / Page 18 of 32
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`

`

`
`
`See https://support.apple.com/en-us/HT212171.
`
`29.
`
`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
`
`mobile payment applications, such as Apple Pay, and confirm the authentication to a terminal:
`
`See https://support.apple.com/guide/security/secure-element-and-nfc-controller-
`
`seccb53a35f0/web.
`
`
`
`19
`
`
`
`Ex.1011
`APPLE INC. / Page 19 of 32
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`

`

`See https://support.apple.com/en-us/HT201239.
`
`
`
`20
`
`
`
`
`
`Ex.1011
`APPLE INC. / Page 20 of 32
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`

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`See https://support.apple.com/en-us/HT209495.
`
`30.
`
`Claim 10 of the ’249 Patent recites “wherein the data carrier is arranged to create
`
`quality information about said user authentication method used and to attach such quality
`
`information to the result of the security establishing operation.” The Accused Products include a
`
`portable data carrier that is arranged to create quality information about the user authentication
`
`method used and to attach such quality information to the result of the security establishing
`
`operation. For example, on information and belief, the Accused Products include a data carrier
`
`that creates quality information about the type of authentication method used by a user and attach
`
`that information to the result of the security establishing operation in an electronic transaction.
`
`
`
`
`
`
`
`21
`
`Ex.1011
`APPLE INC. / Page 21 of 32
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`

`

`See https://web.archive.org/web/20201108133245/https:/support.apple.com/en-us/HT202527.
`
`
`
`
`
`See https://support.apple.com/guide/security/payment-authorization-with-apple-pay-
`
`secc1f57e189/1/web/1.
`
`
`
`22
`
`Ex.1011
`APPLE INC. / Page 22 of 32
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`

`

`
`
`
`
`See https://support.apple.com/guide/security/paying-with-cards-using-apple-pay-
`
`secfbd5c0e54/1/web/1.
`
`See https://support.apple.com/guide/security/adding-transit-and-student-id-cards-to-wallet-
`
`seccba2be6de/1/web/1.
`
`31.
`
`Apple also knowingly and intentionally induces infringement of one or more claims
`
`of the ’249 Patent in violation of 35 U.S.C. § 271(b). As of at least the filing and service of this
`
`complaint, Apple has knowledge of the ’249 Patent and the infringing nature of the Accused
`
`Products. Despite this knowledge of the ’249 Patent, Apple continues to actively encourage and
`
`instruct its customers and end users (for example, through user manuals and online instruction
`
`
`
`23
`
`Ex.1011
`APPLE INC. / Page 23 of 32
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`

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`materials on its website, and other online publications cited above) to use the Accused Products in
`
`ways that directly infringe the ’249 Patent, for example by utilizing the NFC functionality on the
`
`Accused Products and/or mobile payment applications, such as Apple Pay, in an infringing
`
`manner. Apple does so knowing and intending (or with willful blindness to the fact) that its
`
`customers and end users will commit these infringing acts. Apple also continues to make, use,
`
`offer for sale, sell, and/or import the Accused Products, despite its knowledge of the ’249 Patent,
`
`thereby specifically intending for and inducing its customers to infringe the ’249 Patent through
`
`the customers’ normal and customary use of the Accused Products.
`
`32.
`
`Apple has also infringed, and continues to infringe, one or more claims of the ’249
`
`Patent by selling, offering for sale, or importing into the United States, the Accused Products,
`
`knowing that the Accused Products constitute a material part of the inventions claimed in the ’249
`
`Patent, are especially made or adapted to infringe the ’249 Patent, and are not staple articles or
`
`commodities of commerce suitable for non-infringing use. Apple has been, and currently is,
`
`contributorily infringing the ’249 Patent in violation of 35 U.S.C. §§ 271(c) and/or (f).
`
`33.
`
`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Products, Apple has injured Plaintiff and is liable for infringement of the ’249 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`34.
`
`As a result of Apple’s infringement of the ’249 Patent, Plaintiff is entitled to
`
`monetary damages (past, present, and future) in an amount adequate to compensate for Apple’s
`
`infringement, but in no event less than a reasonable royalty for the use made of the invention by
`
`Apple, together with interest and costs as fixed by the Court.
`
`
`
`
`
`
`
`24
`
`Ex.1011
`APPLE INC. / Page 24 of 32
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`

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`COUNT III
`
`INFRINGEMENT OF U.S. PATENT NO. 8,174,360
`
`35.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`36.
`
`Apple has been and is now directly infringing the ’360 Patent, literally and/or under
`
`the doctrine of equivalents, in violation of 35 U.S.C. § 271, 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 ’360 Patent, including but not limited to claim 1.
`
`37.
`
`Claim 1 of the ’360 Patent recites a “communication apparatus for setting up a data
`
`connection between intelligent devices.” To the extent the preamble is limiting, the Accused
`
`Products include a communication apparatus for setting up a data connection between intelligent
`
`devices. For example, Apple advertises that the Accused Products support NFC:
`
`See https://www.apple.com/iphone-13/specs/.
`
`38.
`
`Claim 1 of the ’360 Patent recites an “apparatus” comprising “a transmission
`
`oscillator for carrying out a contactless data exchange, said oscillator including a coil.” The
`
`Accused Products include a transmission oscillator for carrying out a contactless data exchange,
`
`
`
`
`
`25
`
`Ex.1011
`APPLE INC. / Page 25 of 32
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`said oscillator including a coil. For example, the Accused Products include an NFC antenna, NFC
`
`chip, and related hardware and software, as shown in the exemplary Apple iPhone 13:
`
`See https://www.apple.com/iphone-13/specs/.
`
`
`
`
`
`See
`
`https://www.techinsights.com/blog/teardown/apple-iphone-13-pro-teardown;
`
`see
`
`also
`
`https://www.ifixit.com/Teardown/iPhone+13+Pro+Teardown/144928 (identifying NXP SN210V
`
`NFC controller with secure element).
`
`
`
`26
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`Ex.1011
`APPLE INC. / Page 26 of 32
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`
`
`See https://www.commoncriteriaportal.org/files/epfiles/nscib-cc-235773_2-st-lite.pdf.
`
`39.
`
`Claim 1 of the ’360 Patent recites an “apparatus” comprising “a communication
`
`element which is connected to the coil and to a data processing component of an intelligent device
`
`and which emits search signals via the coil to receive a response from another intelligent device.”
`
`The Accused Products include a communication element which is connected to the coil and to a
`
`data processing component of an intelligent device and which emits search signals via the coil to
`
`receive a response from another intelligent device. For example, teardowns show that the Accused
`
`Products include an NFC antenna, NFC chip, and related hardware and software, as shown in the
`
`exemplary Apple iPhone 13:
`
`
`
`27
`
`Ex.1011
`APPLE INC. / Page 27 of 32
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`

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`See https://www.apple.com/iphone-13/specs/.
`
`
`
`
`
`See
`
`https://www.techinsights.com/blog/teardown/apple-iphone-13-pro-teardown;
`
`see
`
`also
`
`https://www.ifixit.com/Teardown/iPhone+13+Pro+Teardown/144928 (identifying NXP SN210V
`
`NFC controller with secure element).
`
`
`
`28
`
`Ex.1011
`APPLE INC. / Page 28 of 32
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`

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`
`
`See https://www.commoncriteriaportal.org/files/epfiles/nscib-cc-235773_2-st-lite.pdf.
`
`40.
`
`Claim 1 of the ’360 Patent recites an “apparatus” comprising “a measuring device
`
`for monitoring a property of the transmission oscillator which outputs a control signal when
`
`ascertaining a change of the monitored property, the monitored property of the transmission
`
`oscillator includes the frequency or impedance of the transmission oscillator in resonance.” The
`
`Accused Products include a measuring device for monitoring a property of the transmission
`
`oscillator which outputs a control signal when ascertaining a change of the monitored property,
`
`the monitored property of the transmission oscillator includes the frequency or impedance of the
`
`transmission oscillator in resonance. For example, on information and belief, the Accused
`
`Products include low power modes for the NFC functionality that satisfy this limitation.
`
`41.
`
`Claim 1 of the ’360 Patent recites an “apparatus” comprising “a switching apparatus
`
`which is connected to the measuring device and the communication element and which switches
`
`on the communication element when it has received the control signal from the measuring device
`
`
`
`29
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`Ex.1011
`APPLE INC. / Page 29 of 32
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`by connecting the communication element to an energy source.” The Accused Products include a
`
`switching apparatus which is connected to the measuring device and the communication element
`
`and which switches on the communication element when it has received the control signal from
`
`the measuring device by connecting the communication element to an energy source. For example,
`
`on information and belief, the Accused Products include low power modes for the NFC
`
`functionality that satisfy this limitation.
`
`42.
`
`Apple also knowingly and intentionally induces infringement of one or more claims
`
`of the ’360 Patent in violation of 35 U.S.C. § 271(b). As of at least the filing and service of this
`
`complaint, Apple has knowledge of the ’360 Patent and the infringing nature of the Accused
`
`Products. Despite this knowledge of the ’360 Patent, Apple continues to actively encourage and
`
`instruct its customers and end users (for example, through user manuals and online instruction
`
`materials on its website, and other online publications cited above) to use the Accused Products in
`
`ways that directly infringe the ’360 Patent, for example by utilizing the NFC functionality on the
`
`Accused Products, in an infringing manner. Apple does so knowing and intending (or with willful
`
`blindness to the fact) that its customers and end users will commit these infringing acts. Apple
`
`also continues to make, use, offer for sale, sell, and/or import the Accused Products, despite its
`
`knowledge of the ’360 Patent, thereby specifically intending for and inducing its customers to
`
`infringe the ’360 Patent through the customers’ normal and customary use of the Accused
`
`Products.
`
`43.
`
`Apple has also infringed, and continues to infringe, one or more claims of the ’360
`
`Patent by selling, offering for sale, or importing into the United States, the Accused Products,
`
`knowing that the Accused Products constitute a material part of the inventions claimed in the ’360
`
`Patent, are especially made or adapted to infringe the ’360 Patent, and are not staple articles or
`
`
`
`30
`
`Ex.1011
`APPLE INC. / Page 30 of 32
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`commodities of commerce suitable for non-infringing use. Apple has been, and currently is,
`
`contributorily infringing the ’360 Patent in violation of 35 U.S.C. §§ 271(c) and/or (f).
`
`44.
`
`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Products, Apple has injured Plaintiff and is liable for infringement of the ’360 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`45.
`
`As a result of Apple’s infringement of the ’360 Patent, Plaintiff is entitled to
`
`monetary damages (past, present, and future) in an amount adequate to compensate for Apple’s
`
`infringement, but in no event less than a reasonable royalty for the use made of the invention by
`
`Apple, together with interest and costs as fixed by the Court.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff respectfully requests that this Court enter:
`
`a.
`
`A judgment in favor of Plaintiff that Apple has infringed, either literally and/or
`
`under the doctrine of equivalents, the ’706, ’249, and ’360 Patents;
`
`b.
`
`A judgment and order requiring Apple to pay Plaintiff its damages (past, present,
`
`and future), costs, expenses, and pre-judgment and post-judgment interest for Apple’s
`
`infringement of the ’706, ’249, and ’360 Patents;
`
`c.
`
`A judgment and order requiring Apple to pay Plaintiff compulsory ongoing
`
`licensing fees, as determined by the Court in equity.
`
`d.
`
`A judgment and order requiring Apple to provide an accounting and to pay
`
`supplemental damages to Plaintiff, including without limitation, pre-judgment and post-judgment
`
`interest and compensation for infringing products released after the filing of this case that are not
`
`colorably different from the accused products;
`
`e.
`
`A judgment and order finding that this is an exceptional case within the meaning
`
`
`
`31
`
`Ex.1011
`APPLE INC. / Page 31 of 32
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`of 35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees against Apple; and
`
`f.
`
`Any and all other relief as the Court may deem appropriate and just under the
`
`circumstances.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
`
`any issues so triable by right.
`
`
`Dated: October 22, 2021
`
`
`
`
`
`Respectfully submitted,
`
`/s/Brett E. Cooper
`
`
`
`Brett E. Cooper (NY SBN 4011011)
`bcooper@raklaw.com
`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Marc A. Fenster (CA SBN 181067)
`mfenster@raklaw.com
`Seth Hasenour (TX SBN 24059910)
`shasenour@raklaw.com
`Drew B. Hollander (NY SBN 5378096)
`dhollander@raklaw.com
`
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Facsimile: (310) 826-6991
`
`Attorneys for Plaintiff Aire Technology
`Limited
`
`32
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`
`
`
`
`
`Ex.1011
`APPLE INC. / Page 32 of 32
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`