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`Plaintiff,
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`v.
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`Defendant.
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`Case No. 6:21-cv-620-ADA
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`JURY TRIAL DEMANDED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
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`APPLE INC.
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`PLAINTIFF XR COMMUNICATIONS, LLC’S PRELIMINARY DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
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`Exhibit 2001
`IPR2022-01155
`Page 1 of 6
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`Plaintiff XR Communications, LLC, dba Vivato Technologies (“Vivato”) provides this
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`Disclosure of Asserted Claims and Infringement Contentions to Defendant Apple Inc.
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`(“Defendant” or “Apple”), in accordance with the Court’s Order Governing Proceedings. This
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`disclosure is based on the information available to Vivato as of the date of this disclosure, and
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`Vivato reserves the right to amend this disclosure to the full extent consistent with the Court’s
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`Rules and Orders.
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`Discovery is at a very early stage. There have been no deposition testimony or discovery
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`responses in this action related to technical matters. Vivato’s investigation regarding the asserted
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`claims and infringement contentions in this disclosure is ongoing, and its investigation of other
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`potential grounds of infringement is ongoing. This disclosure is based upon information that
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`Vivato has been able to obtain publicly, together with Vivato’s current good faith beliefs and
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`information regarding the Accused Products. This disclosure is provided without prejudice to
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`Vivato’s right to supplement or amend its disclosure as additional facts are discovered, documents
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`and source code are obtained, analyses are made, and research is completed.
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`Further, this disclosure is based upon Vivato’s present understanding of the meaning and
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`scope of the claims of United States Patent Number 10,715,235 (the “’235 Patent”) (the “Asserted
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`Patent” or “Patent-in-Suit”) in the absence of claim construction proceedings in this action. Vivato
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`reserves the right to supplement or amend these disclosures if its understanding of the claims
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`changes, including when the Court construes them in this action.
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`I.
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`Asserted Claims
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`Vivato asserts direct infringement against Defendant under 35 U.S.C. § 271(a) and indirect
`infringement under 35 U.S.C. § 271(b). More specifically, Defendant has been and are now
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`Exhibit 2001
`IPR2022-01155
`Page 2 of 6
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`actively inducing direct infringement by other persons (e.g., Defendant’s customers who use, sell
`or offer for sale the Accused Products) the following claims (collectively, “Asserted Claims”):
`• U.S. Patent No. 10,715,235 (the “’235 Patent”), Claims 1, 2, 4, 8, 9, 11, 12, 15, 16.
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`II.
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`Accused Products
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`Vivato asserts that the Asserted Claims are infringed by various products used, made, sold,
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`offered for sale, or imported into the United States by Defendant (“Accused Products”), including
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`Apple products supporting MIMO and/or MU-MIMO technologies, including without limitation
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`the iPhone 12 Pro Max, iPhone 12 Pro, iPhone 12, iPhone 12 mini, iPhone SE (2nd Generation),
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`iPhone 11 Pro Max, iPhone 11 Pro, iPhone 11, , iPhone XS, XR, iPhone X, iPhone 8 Plus, iPhone
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`8, iPhone 7 Plus, iPhone 7, iPhone 6s Plus, iPhone 6s; iPad Pro 12.9-in (5th generation), iPad Pro
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`12.9-in (4th generation), iPad Pro 12.9-in (3rd generation), iPad Pro 12.9-in (2nd generation),
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`iPad Pro 12.9-in (1st generation), iPad Pro 11-in (2nd generation), iPad Pro 11-in (3rd
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`generation), iPad Pro 11-in (1st generation), iPad Air (4th generation), iPad (8th generation), iPad
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`mini (5th generation), iPad Pro 10.5-in, iPad Pro 9.7-in, iPad Air (3rd generation), iPad Air 2, iPad
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`Air (1st generation), iPad (7th generation), iPad (6th generation), iPad (5th generation), iPad mini
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`4, iPad mini 3, iPad mini 2; MacBook Air (M1, 2020), MacBook Pro 13-in (M1, 2020), iMac 24-
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`in (M1, Two ports, 2021), iMac 24-in (M1, Four ports, 2021), Mac mini (M1, 2020); MacBook
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`Pro 16-in, MacBook Air (Retina, 2020), MacBook Air (2017), MacBook Pro 13-in (Two
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`Thunderbolt 2020), MacBook Pro 13-in (Four Thunderbolt 2020), MacBook Pro 13-in (Two
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`Thunderbolt 2016), iMac 21.5-in, iMac 21.5-in (4K Retina), iMac 27-in (5K Retina), iMac Pro,
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`Mac mini (2018), Mac Pro. Defendant’s Accused Products of which Vivato is presently aware are
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`described in more detail in the accompanying preliminary infringement contention charts, Exhibit
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`1. Vivato reserves the right to accused additional of Defendant’s products to the extent Vivato
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`becomes aware of additional products during the discovery process. Unless otherwise stated,
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`Exhibit 2001
`IPR2022-01155
`Page 3 of 6
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`Vivato’s assertions of infringement apply to all variations, versions, and applications of each of
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`the Accused Products, on information and belief, that different variations, versions, and
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`applications of each of the Accused Products are substantially the same for purposes of
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`infringement of the Asserted Claims.
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`III. Claim Charts
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`A chart identifying specifically where each limitation of each asserted claim is found within
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`each Accused Product is attached to this disclosure as Exhibit 1. Each limitation of each asserted
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`claim in the attached charts is alleged to be literally infringed by each Accused Product. Where
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`Vivato anticipates Defendant’s arguments against literal infringement for certain limitations,
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`Vivato has included disclosures in the charts alleging infringement under the doctrine of
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`equivalents. To the extent Defendant contends that other limitations are not literally infringed,
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`Vivato asserts that the limitation is infringed under the doctrine of equivalents.
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`IV.
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`Priority Dates of the Asserted Patents
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`Each asserted claim of the ’235 Patent is entitled to a priority date at least as early as
`November 4, 2002.
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`V.
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`Asserted Patents and File Histories
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`The ’235 Patent is being produced at XR-WDTX-00003728 - XR-WDTX-00003768.
`The file history for the ’235 Patent is being produced at XR-WDTX-00001647 - XR-
`WDTX-00002862.
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`Dated: December 20, 2021
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`Respectfully submitted,
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`Exhibit 2001
`IPR2022-01155
`Page 4 of 6
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`/s/ Reza Mirzaie
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`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Paul A. Kroeger (CA SBN 229074)
`pkroeger@raklaw.com
`Philip X. Wang (CA SBN 262239)
`pwang@raklaw.com
`James N. Pickens (CA SBN 307474)
`jpickens@raklaw.com
`Minna Chan (CA SBN 305941)
`mchan@raklaw.com
`Christian Conkle (CA SBN 306374)
`cconkle@raklaw.com
`Jason Wietholter (CA SBN 337139)
`jwietholter@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
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`Attorneys for Plaintiff XR Communications,
`LLC, d/b/a Vivato Technologies, Inc.
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`Exhibit 2001
`IPR2022-01155
`Page 5 of 6
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who are deemed to have consented to
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`electronic service are being served with a copy of this document via the Court’s CM/ECF system on
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`December 20, 2021.
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`/s/ Reza Mirzaie
`Reza Mirzaie
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`Exhibit 2001
`IPR2022-01155
`Page 6 of 6
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