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
`
`Samsung Electronics America, Inc. (collectively, “Defendants” or “Samsung”):
`
`INTRODUCTION
`
`1.
`
`This complaint arises from Samsung’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”), 8,816,827 (“the ’827 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
`
`6:21-cv-00955
`
`Ex.1015
`APPLE INC. / Page 1 of 45
`
`
`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
`
`Samsung Electronics America, Inc. (collectively, “Defendants” or “Samsung”):
`
`INTRODUCTION
`
`1.
`
`This complaint arises from Samsung’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”), 8,816,827 (“the ’827 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
`
`6:21-cv-00955
`
`Ex.1015
`APPLE INC. / Page 1 of 45
`
`
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`23, The Park, Carrickmines, Dublin 18, Ireland. Aire is the sole owner by assignment of all rights,
`
`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 Samsung Electronics Co., Ltd. is a
`
`corporation organized under the laws of South Korea, with its principal place of business at 129
`
`Samsung-ro, Maetan-dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, 443-742, South Korea.
`
`4.
`
`On information and belief, Defendant Samsung Electronics America, Inc., a wholly
`
`owned subsidiary of Samsung Electronics Co., Ltd., is a corporation organized under the laws of
`
`the State of New York, with its principal place of business at 85 Challenger Rd., Ridgefield Park,
`
`New Jersey 07660.
`
`JURISDICTION AND VENUE
`
`5.
`
`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).
`
`6.
`
`This Court has personal jurisdiction over Samsung in this action because Samsung
`
`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 Samsung would not offend
`
`traditional notions of fair play and substantial justice. Samsung, 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.
`
`7.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). Defendant
`
`Samsung Electronics America, Inc. is registered to do business in Texas. Additionally, upon
`
`
`
`2
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`Ex.1015
`APPLE INC. / Page 2 of 45
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`
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`information and belief, Defendants have transacted business in this District and have 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. Defendants
`
`have regular and established places of businesses in this District, including at 12100 Samsung
`
`Boulevard, Austin, Texas 78754; 7300 Ranch Road 2222, Austin, Texas 78730; and 1700 Scenic
`
`Loop, Round Rock, Texas 78681. See Exhibits 1-3. Additionally, venue is proper as to a foreign
`
`defendant in any district. 28 U.S.C. § 1391(c)(3); In re HTC Corp., 889 F.3d 1349 (Fed. Cir.
`
`2018). Defendant Samsung Electronics Co., Ltd. is a foreign corporation organized under the laws
`
`of Korea, with a principal place of business in Korea.
`
`THE ASSERTED PATENTS
`
`8.
`
`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 4.
`
`9.
`
`On August 26, 2014, the United States Patent and Trademark Office issued U.S.
`
`Patent No. 8,816,827 (“the ’827 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 ’827 Patent and
`
`possesses all rights of recovery under the ’827 Patent, including the right to recover damages for
`
`
`
`3
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`Ex.1015
`APPLE INC. / Page 3 of 45
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`
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`past, present, and future infringement. The ’827 Patent is valid and enforceable. A true and correct
`
`copy of the ’827 Patent is attached hereto as Exhibit 5.
`
`10.
`
`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 6.
`
`11.
`
`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 7.
`
`SAMSUNG’S INFRINGEMENT
`
`12.
`
`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
`
`
`
`4
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`Ex.1015
`APPLE INC. / Page 4 of 45
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`
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`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 Samsung
`
`and/or third parties.
`
`13.
`
`The accused products include at least the following products, as well as products
`
`with reasonably similar functionality and all Edge, Plus (+), Active, and SIM varieties of these
`
`products. Identification of the accused products will be provided in Plaintiff’s infringement
`
`contentions pursuant to the Court’s scheduling order and local rules. Samsung imports, uses,
`
`makes, offers for sale, and sells in the United States the following products that support NFC
`
`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
`
`Active, S8, S8+, S9, S9+, S10, S10+, S10e, S10 5G, S20, S20 +, S20 Ultra, S21, S21+, S21 Ultra,
`
`Note 5, Note 7, Note FE, Note 8, Note 9, Note 10, Note 10+, Note 10 5G, Note 20, Note 20 Ultra,
`
`A50, A51, A51 5G, A71 5G, A52 5G, A42 5G, A32 5G, Fold, Fold 2 5G, Fold 3 5G, Flip, Flip
`
`5G, Flip 3 5G, Watch, Watch 3, Watch 4, Watch Active, Watch Active2, Gear Sport, Gear S2
`
`Classic, Gear S2 Sport, Gear S3 Classic, and Gear S3 Frontier (the “Accused Products”). See
`
`https://www.samsung.com/us/support/owners/app/samsung-pay.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 8,581,706
`
`14.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`15.
`
`Samsung 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,
`
`
`
`5
`
`Ex.1015
`APPLE INC. / Page 5 of 45
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`
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`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.
`
`16.
`
`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, Samsung advertises that the Accused Products support NFC:
`
`
`
`
`
`See https://www.samsung.com/global/galaxy/galaxy-s21-ultra-5g/specs/.
`
`17.
`
`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
`
`
`
`6
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`Ex.1015
`APPLE INC. / Page 6 of 45
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`
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`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.
`
`18.
`
`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
`
`Samsung S21:
`
`
`
`7
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`Ex.1015
`APPLE INC. / Page 7 of 45
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`
`
`1S Be eae acy
`
`
`
`
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`NFC
`
`
`
`8
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`Ex.1015
`APPLEINC./ Page 8 of 45
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`Ex.1015
`APPLE INC. / Page 8 of 45
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`NFC Chip
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`NEC Chip
`
`
`
`
`
`9
`
`Ex.1015
`APPLEINC./ Page 9 of 45
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`Ex.1015
`APPLE INC. / Page 9 of 45
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`
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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
`
`.pdf.
`
`
`
`
`
`10
`
`Ex.1015
`APPLE INC. / Page 10 of 45
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`
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`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
`
`19.
`
`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 of an Application ID (AID) that corresponds to an application:
`
`
`
`11
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`Ex.1015
`APPLE INC. / Page 11 of 45
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`
`
`
`
`
`
`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
`
`20.
`
`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
`
`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:
`
`
`
`12
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`Ex.1015
`APPLE INC. / Page 12 of 45
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`
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`See https://publish.samsungsimulator.com/simulator/d9740827-40a4-4580-bf1e-
`
`3373b789f187/#!topic/basic_functions/view_recent_transactions.
`
`21.
`
`Samsung 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, Samsung has knowledge of the ’706 Patent and the infringing nature of the
`
`Accused Products. Despite this knowledge of the ’706 Patent, Samsung 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 Samsung Pay
`
`or Google Pay, in an infringing manner. Samsung does so knowing and intending (or with willful
`
`
`
`13
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`Ex.1015
`APPLE INC. / Page 13 of 45
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`
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`blindness to the fact) that its customers and end users will commit these infringing acts. Samsung
`
`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.
`
`22.
`
`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
`
`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. Samsung has been, and
`
`currently is, contributorily infringing the ’706 Patent in violation of 35 U.S.C. §§ 271(c) and (f).
`
`23.
`
`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.
`
`As a result of Samsung’s infringement of the ’706 Patent, Plaintiff is entitled to
`
`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 II
`
`INFRINGEMENT OF U.S. PATENT NO. 8,816,827
`
`25.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`
`
`14
`
`Ex.1015
`APPLE INC. / Page 14 of 45
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`26.
`
`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
`
`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/.
`
`
`
`15
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`Ex.1015
`APPLE INC. / Page 15 of 45
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`28.
`
`Claim 22 of the ’827 Patent recites that the portable data carrier comprises “at least
`
`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.
`
`29.
`
`Claim 22 of the ’827 Patent recites “a communication device for controlling
`
`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
`
`utilize an NFC antenna, NFC chip, and related hardware and software to control communication
`
`with a reading device and at least a first and second application, as shown in the exemplary
`
`Samsung S21:
`
`
`
`16
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`Ex.1015
`APPLE INC. / Page 16 of 45
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`1S Be eae acy
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`NFC
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`
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`17
`17
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`Ex.1015
`APPLEINC./ Page 17 of 45
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`Ex.1015
`APPLE INC. / Page 17 of 45
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`NFC Chip
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`NEC Chip
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`
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`18
`18
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`Ex.1015
`APPLEINC./ Page 18 of 45
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`Ex.1015
`APPLE INC. / Page 18 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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`
`
`
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`
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`19
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`Ex.1015
`APPLE INC. / Page 19 of 45
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`
`
`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
`
`30.
`
`Claim 22 recites “wherein the communication device is configured to generate a
`
`first communication-readiness signal to the reading device which indicates to the reading device a
`
`communication readiness for the first application and a second communication-readiness signal to
`
`the reading device which indicates the reading device a communication readiness for the second
`
`application and comprise an identification number assigned to the corresponding communication-
`
`readiness application.” The Accused Products contain a communication device that is configured
`
`to generate a first communication-readiness signal to the reading device which indicates to the
`
`reading device a communication readiness for the first application and a second communication-
`
`readiness signal to the reading device which indicates the reading device a communication
`
`readiness for the second application 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 of an Application
`
`ID (AID) that corresponds to an application:
`
`
`
`20
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`Ex.1015
`APPLE INC. / Page 20 of 45
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`Service selection
`
`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:
`
`
`
`
`
`<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>
`
`
`
`21
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`
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`Ex.1015
`APPLE INC. / Page 21 of 45
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`
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`See https://developer.android.com/guide/topics/connectivity/nfc/hce.
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`31.
`
`Claim 22 of the ’827 Patent recites “wherein the first communication-readiness
`
`signal is generated for a first group of applications comprising a first plurality of applications
`
`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
`
`of applications comprising a second plurality of applications including the second application, and
`
`the second identification number is assigned to every application in the second group, the first
`
`communication-readiness signal indicating to the reading device the communication readiness of
`
`every application of the first group, and the second communication-readiness signal indicating to
`
`the reading device the communication readiness of every application of the second group.” The
`
`Accused Products generate the first communication-readiness signal for a first group of
`
`applications comprising a first plurality of applications 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 of applications comprising a
`
`second plurality of applications including the second application, and the second identification
`
`number is assigned to every application in the second group, the first communication-readiness
`
`signal indicating to the reading device the communication readiness of every application of the
`
`first group, and the second communication-readiness signal indicating to the reading device the
`
`communication readiness of every application of the second group. For example, the Accused
`
`Products are configured to generate Application IDs (AID) for at least a first and second group of
`
`applications:
`
`
`
`22
`
`Ex.1015
`APPLE INC. / Page 22 of 45
`
`
`
`
`
`See https://developer.android.com/guide/topics/connectivity/nfc/hce#aid-groups.
`
`32.
`
`Samsung also knowingly and intentionally induces infringement of one or more
`
`claims of the ’827 Patent in violation of 35 U.S.C. § 271(b). As of at least the filing and service
`
`of this complaint, Samsung has knowledge of the ’827 Patent and the infringing nature of the
`
`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
`
`instruction materials on its website, and other online publications cited above) to use the Accused
`
`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
`
`also continues to make, use, offer for sale, sell, and/or import the Accused Products, despite its
`
`
`
`23
`
`Ex.1015
`APPLE INC. / Page 23 of 45
`
`
`
`knowledge of the ’827 Patent, thereby specifically intending for and inducing its customers to
`
`infringe the ’827 Patent through the customers’ normal and customary use of the Accused
`
`Products.
`
`33.
`
`Samsung has also infringed, and continues to infringe, one or more claims of
`
`the ’827 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 ’827 Patent, are especially made or adapted to infringe the ’827 Patent, and are not staple
`
`articles or commodities of commerce suitable for non-infringing use. Samsung has been, and
`
`currently is, contributorily infringing the ’827 Patent in violation of 35 U.S.C. §§ 271(c) and (f).
`
`34.
`
`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 ’827
`
`Patent pursuant to 35 U.S.C. § 271.
`
`35.
`
`As a result of Samsung’s infringement of the ’827 Patent, Plaintiff is entitled to
`
`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
`
`Ex.1015
`APPLE INC. / Page 24 of 45
`
`
`
`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.
`
`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/.
`
`
`
`
`
`25
`
`Ex.1015
`APPLE INC. / Page 25 of 45
`
`
`
`
`
`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
`
`Ex.1015
`APPLE INC. / Page 26 of 45
`
`
`
`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
`
`Ex.1015
`APPLE INC. / Page 27 of 45
`
`
`
`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
`
`Ex.1015
`APPLE INC. / Page 28 of 45
`
`
`
`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
`
`Ex.1015
`APPLE INC. / Page 29 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
`
`Ex.1015
`APPLE INC. / Page 30 of 45
`
`
`
`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
`
`Ex.1015
`APPLE INC. / Page 31 of 45
`
`
`
`
`problems with payment.If you experience an issue, removethe case and try again.
`
`*>um° _
`
`
`Basic Functions
`Make a Payment
`
`@ SAMSUNGPAYPIN
`
`Enter your SamsungPay PIN.
`
`=
`
` [2) note: Samsung Pay lets you make payments from your phone. You can make
`payments with a Samsung-approved case on your phone.Third-party cases may cause
`
`
`problems with payment. If you experience an issue, removethe case andtry again.
`
`32
`
`
`
`Basic Functions
`Make a Payment
`
`SAMSUNG DAY
`
`ia]
`
`[2) note: Samsung Pay lets you make payments from your phone. You can make
`payments with a Samsung-approved case on your phone. Third-party cases may cause
`
`
`
`
`
`
`
`Ex.1015
`APPLE INC. / Page 32 of 45
`
`
`
`See https://publish.samsungsimulator.com/simulator/d9740827-40a4-4580-bf1e-
`
`3373b789f187/#!topic/basic_functions/make_a_payment.
`
`
`
`See https://insights.samsung.com/2016/02/08/advancing-mobile-payment-security-with-
`
`tokenization/.
`
`
`
`
`
`33
`
`Ex.1015
`APPLE INC. / Page 33 of 45
`
`
`
`43.
`
`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
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