`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Plaintiff,
`
`CAROLYN W. HAFEMAN,
`
`
`v.
`
`LG ELECTRONICS, INC.,
`
`
`
`Defendant.
`
`CIVIL ACTION NO. 6:21-CV-696-ADA
`
`
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S FINAL INFRINGEMENT CONTENTIONS
`
`
`
`Pursuant to the Court’s Scheduling Order, Dkt. 39, and the Joint Notice of
`
`Extension of Final Contentions Deadlines, Dkt. 66, Plaintiff Carolyn W. Hafeman
`
`hereby serves her Final Infringement Contentions to Defendants LG Electronics, Inc.
`
`(“LG”). Hafeman expressly reserves all objections relative to their use for any purpose
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`and does not waive any applicable privileges with respect to the information disclosed
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`herein or document productions made pursuant to the Order.
`
`
`
`Hafeman makes this disclosure to the best of her present ability. Hafeman’s
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`investigation is ongoing, and this disclosure is based on information reasonably
`
`available to Hafeman as of this date. Hafeman reserves the right to supplement or
`
`amend this disclosure and her contentions in this case, including to the full extent
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`consistent with the Federal Rules of Civil Procedure, Local Rules, and Court’s orders.
`
`By making this disclosure, Hafeman does not waive any applicable privilege, work
`
`product, or other protection, and reserves the right to object to the production or
`
`admissibility of any information provided herein.
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`10700789v1/017216
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`Hafeman, Exhibit 2028
`Google LLC et al. v. Hafeman
`IPR2022-01192
`
`
`
`
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`The final infringement contentions set forth herein, including without
`
`limitation the claim charts attached hereto as Exhibits A–F, which are fully
`
`incorporated by reference herein, identify, based on publicly available information,
`
`and upon information and belief, where each element of the Asserted Claims is found
`
`within the Accused Instrumentalities and/or the manufacturing processes thereof.
`
`The documents, identification of Accused Instrumentalities, and other
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`evidence cited in these charts are exemplary, and not intended to be exhaustive.
`
`Hafeman’s identifications in these contentions, including without limitation her
`
`identification of exemplary Accused Instrumentalities, the infringing features in the
`
`exemplary Accused Instrumentalities, and/or manufacturing processes used in the
`
`manufacture of the exemplary Accused Instrumentalities, the locations of the
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`foregoing in the exemplary Accused Instrumentalities, and/or the theories of
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`infringement, are based upon information known to Hafeman at the time of these
`
`contentions. Hafeman reserves the right to supplement and/or amend these
`
`infringement contentions based on information not known to Hafeman at the time of
`
`service of her infringement contentions and/or that is otherwise later discovered by
`
`Hafeman after service of her infringement contentions, including without limitation
`
`supplementation and/or amendment of Hafeman’s contentions to identify, refine,
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`modify, amend, and/or supplement the identified Accused Instrumentalities,
`
`locations of the infringing features in the Accused Instrumentalities or their
`
`manufacturing process, and/or theories of infringement provided herein.
`
`Hafeman reserves the right to rely on additional evidence throughout
`
`subsequent proceedings in the case, whether or not such information is available to
`
`10700789v1/017216
`
`2
`
`Hafeman, Exhibit 2028
`Google LLC et al. v. Hafeman
`IPR2022-01192
`
`
`
`
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`Hafeman as of the date of this disclosure or consistent with the evidence cited in these
`
`infringement contentions. These infringement contentions shall not limit Hafeman’s
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`right to assert any position she deems appropriate at any later date as to
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`infringement, validity, claim construction, or any other issue in this litigation. Nor
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`shall they be deemed an admission or contention as to the scope or interpretation of
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`any claim term.
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`
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`Hafeman contends that LG infringes claims 1, 4, and 7 (the “Asserted Claims”)
`
`of each of the following U.S. Patents (the “Asserted Patents”):
`
`
`
`
`
`
`
`U.S. Patent 9,892,287 (the “’287 Patent”);
`
`U.S. Patent 10,325,122 (the “’122 Patent”); and
`
`U.S. Patent 10,789,393 (the “’393 Patent”).
`
`LG infringes the Asserted Claims of the Asserted Patents under 35 U.S.C.
`
`§ 271(a) by making, using, offering to sell, and/or selling in and/or importing into the
`
`United States computer devices that are configured to include systems that display
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`the owner’s name and contact information on the screen before or with the lock
`
`screen, as well as provide remote access to allow the owner (or authorized third-party)
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`to lock the device from future access and display a warning message. These devices
`
`include all LG-made Android OS cell phones, tablets, and laptops with the “Find My
`
`Device” feature, including at least the following LG Android Accused Products:
`
`1.
`
`2.
`
`3.
`
`4.
`
`LG Wing LM-F100TM;
`
`LG K92 LM-K920TM;
`
`LG Velvet LM-G900TM;
`
`LG Velvet LM-G900MM;
`
`10700789v1/017216
`
`3
`
`Hafeman, Exhibit 2028
`Google LLC et al. v. Hafeman
`IPR2022-01192
`
`
`
`
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`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`LG G8X ThingQ;
`
`LG Q70, LG K51;
`
`LM-K300QM;
`
`LG Stylo6;
`
`LG Stylo5;
`
`10.
`
`LG Xpression Plus 3 LM-K400AKR;
`
`11.
`
`LG K30 LM-X320QMG;
`
`12.
`
`LG K22 LM-K200QM;
`
`13.
`
`LG K31 Rebel LGL355DL;
`
`14.
`
`LG K8X LM-K300UM;
`
`15.
`
`LG Harmony 4 LM-K400AM;
`
`16.
`
`LG Reflect LG L555DL;
`
`17.
`
`LG Risio 4 LM-K300AM4;
`
`18.
`
`LG Risio 4 LM-K300CMR;
`
`19.
`
`LG V60 ThinQ LM-V600TM;
`
`20.
`
`LG Neon Plus LM-X320APM;
`
`21.
`
`LG Neon Plus LM-X320AM8;
`
`22.
`
`LG Tribute Royal LM-X320PM;
`
`23.
`
`LG K40 LM-X420AS;
`
`24.
`
`LG Journey LTE LG L322DL;
`
`25.
`
`LG G7 Fit;
`
`26.
`
`LG Arena 2 LM-X320APM;
`
`27.
`
`LG Arena 2 LM-X320AM8;
`
`10700789v1/017216
`
`4
`
`Hafeman, Exhibit 2028
`Google LLC et al. v. Hafeman
`IPR2022-01192
`
`
`
`
`
`28.
`
`LG Prime 2 LM-X320AA;
`
`29.
`
`LG GPad 5 10.1 LM-T600TS;
`
`30.
`
`LG GPad 5 10.1 LM-T600QS; and
`
`31.
`
`LG GPad 5 10.1 LM-T600MS.
`
`These devices further include at least LG-made tablets and laptops pre-
`
`installed with Windows 10 and Windows 11, such as the following LG Windows
`
`Accused Products (together with the devices described above, the “Accused
`
`Instrumentalities”):
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`LG Gram Laptop, 14Z90P Series;
`
`LG Gram Laptop, 15Z90P Series;
`
`LG Gram Laptop, 15Z90P Series;
`
`LG Ultra Laptop, 13U70P Series; and
`
`LG Ultra Laptop, 15U70P Series.
`
`These Accused Instrumentalities infringe the Asserted Claims either literally
`
`and/or under the doctrine of equivalents. Hafeman further contends that LG infringes
`
`the Asserted Patents by (i) practicing the asserted method claims of the Asserted
`
`Patents in the United States, and/or (ii) by making, using, offering to sell, and/or
`
`selling in and/or importing into the United States the Accused Instrumentalities.
`
`
`
`Hafeman further contends that LG infringes the Asserted Claims under 35
`
`U.S.C. § 271(b) by actively and knowingly inducing, directing, causing, and
`
`encouraging others, including without limitation their designers, manufacturers,
`
`suppliers, distributors, resellers, software developers, customers, end users,
`
`subscribers, and repair providers, to infringe the Asserted Patents by making, using,
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`10700789v1/017216
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`5
`
`Hafeman, Exhibit 2028
`Google LLC et al. v. Hafeman
`IPR2022-01192
`
`
`
`
`
`selling, and/or offering to sell in the United States and/or importing into the United
`
`States, the Accused Instrumentalities set forth above. Hafeman contends that LG
`
`actively and knowingly induces infringement by others by, inter alia, providing the
`
`aforementioned direct infringers with (i) infringing functionality and/or devices;
`
`(ii) manuals and guides, technical documentation, technical support and assistance,
`
`advertisements and marketing; and/or (iii) software and/or firmware updates.
`
`LG contributes to infringement of the Asserted Patents under 35 U.S.C.
`
`§ 271(c) by providing the Accused Instrumentalities within the United States,
`
`knowing that the products practice the claimed invention, that they are especially
`
`made or adapted for use in infringing the Asserted Patents, and that they are not
`
`staple articles or commodities of commerce capable of substantial non-infringing use.
`
`LG’s infringement is further detailed in the First Amended Complaint (Dkt. 35),
`
`which is hereby incorporated by reference in its entirety.
`
`Hafeman reserves the right to supplement her position as to infringement
`
`following further discovery and/or claim construction, including new information or
`
`knowledge regarding the structure, function, operation, implementation, and process
`
`of manufacturing the Accused Instrumentalities.
`
`These contentions are based on Hafeman’s research and investigation to date
`
`and materials in the public domain, and the limited discovery provided by LG.
`
`Hafeman reserves the right to supplement and/or amend these contentions in light of
`
`discovery, invalidity contentions, alleged prior art, claim construction, and/or any
`
`other additional information provided by LG.
`
`10700789v1/017216
`
`6
`
`Hafeman, Exhibit 2028
`Google LLC et al. v. Hafeman
`IPR2022-01192
`
`
`
`
`
`
`
`Dated: July 13, 2022
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Thomas V. DelRosario
`Max L. Tribble (Texas 20213950)
`Krisina J. Zuñiga (Texas 24098664)
`Thomas V. DelRosario (Texas 24110645)
`SUSMAN GODFREY LLP
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002
`Tel: (713) 651-9366
`Fax: (713) 654-6666
`mtribble@susmangodfrey.com
`kzuniga@susmangodfrey.com
`tdelrosario@susmangodfrey.com
`
`Kalpana Srinivasan (California 237460)
`SUSMAN GODFREY LLP
`1900 Avenue of the Stars, Suite 1400
`Los Angeles, California 90067
`Tel: (310) 789-3100
`Fax: (310) 789-3150
`ksrinivasan@susmangodfrey.com
`
`Genevieve Wallace (Washington 38422)
`SUSMAN GODFREY LLP
`401 Union Street, Suite 3000
`Seattle, Washington 98101
`Tel: (206) 516-3880
`Fax: (206) 516-3883
`gwallace@susmangodfrey.com
`
`Lawrence M. Hadley (California 157728)
`lhadley@glaserweil.com
`Jason C. Linger (California 323031)
`jlinger@glaserweil.com
`GLASER WEIL FINK HOWARD
`AVCHEN & SHAPIRO LLP
`10250 Constellation Boulevard, 19th Floor
`Los Angeles, California 90067
`Telephone: (310) 553-3000
`Facsimile: (310) 556-2920
`
`COUNSEL FOR PLAINTIFF
`
`10700789v1/017216
`
`7
`
`Hafeman, Exhibit 2028
`Google LLC et al. v. Hafeman
`IPR2022-01192
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on July 13, 2022, a copy of the foregoing document was
`
`served via e-mail to the following individuals at the following e-mail addresses:
`
`
`
`
`
`
`
`
`
`Kirstin Stoll-DeBell (Pro Hac Vice)
`FAEGRE DRINKER BIDDLE & REATH, LLP
`1144 15th Street, Suite 3400
`Kirstin.StollDeBell@faegredrinker.com
`(303) 607-3500 (Telephone)
`(303) 607-3600 (Facsimile)
`
`Carrie A. Beyer (Pro Hac Vice)
`FAEGRE DRINKER BIDDLE & REATH, LLP
`191 N. Wacker Dr., Suite 3700
`Chicago, IL 60606
`Carrie.Beyer@faegredrinker.com
`(312) 569-1000 (Telephone)
`(312) 569-3000 (Facsimile)
`
`Brianna L. Silverstein (Pro Hac Vice)
`FAEGRE DRINKER BIDDLE & REATH, LLP
`1500 K Street NW, Suite 1100
`Washington, DC 20005
`Brianna.Silverstein@faegredrinker.com
`(202) 842-8800 (Telephone)
`(202) 842-8465 (Facsimile)
`
`Kirsten L. Elfstand (Pro Hac Vice)
`FAEGRE DRINKER BIDDLE & REATH, LLP
`2200 Wells Fargo Center
`90 S. 7th St.
`Minneapolis, MN 55402
`Kirsten.Elfstand@faegredrinker.com
`(612) 766-7000 (Telephone)
`(612) 766-1600 (Facsimile)
`
`Celine J. Crowson (Pro Hac Vice)
`HOGAN LOVELLS US LLP
`555 Thirteenth St, NW
`Washington, DC 20004
`Celine.Crowson@hoganlovells.com
`(202) 637-5703 (Telephone)
`(202) 637-5910 (Facsimile)
`
`10700789v1/017216
`
`8
`
`Hafeman, Exhibit 2028
`Google LLC et al. v. Hafeman
`IPR2022-01192
`
`
`
`
`Nitin Gambhir (Pro Hac Vice)
`Gurtej Singh (CA Bar No. 286547)
`(Admitted in this District)
`HOGAN LOVELLS US LLP
`4085 Campbell Avenue, Suite 100
`Menlo Park, CA 94025
`Nitin.Gambhir@hoganlovells.com
`Tej.Singh@hoganlovells.com
`(650) 463-4000 (Telephone)
`(650) 463-4199 (Facsimile)
`
`J. Stephen Ravel (TX Bar No. 16584975)
`KELLY HART & HALLMAN LLP
`303 Colorado, Suite 2000
`Austin, TX 78701
`Steve.ravel@kellyhart.com
`(512) 495-6429 (Telephone)
`
`Michael E. Jones
`Shaun William Hassett
`POTTER MINTON PC
`110 N College, Suite 500
`Tyler, TX 75702
`mikejones@ potterminton.com
`shaunhassett@potterminton.com
`(903) 597-8311 (Telephone)
`(903) 531-3939 (Facsimile)
`
`COUNSEL FOR DEFENDANT
`LG ELECTRONICS INC.
`
`
`
`
`
`
`/s/ Thomas V. DelRosario
`SUSMAN GODFREY LLP
`Counsel for Plaintiff
`
`10700789v1/017216
`
`9
`
`Hafeman, Exhibit 2028
`Google LLC et al. v. Hafeman
`IPR2022-01192
`
`
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