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`KORULA T. CHERIAN (SBN 133697)
`ROBERT M. HARKINS, JR. (SBN 179525)
`RUYAKCHERIAN, LLP
`1936 University Ave, Suite 350
`Berkeley, CA 94704
`Telephone: (510) 944-0190
`sunnyc@ruyakcherian.com
`bobh@ruyakcherian.com
`
`JOHN L. NORTH, ESQ. (GA SBN: 545580) (pro hac vice motion to be filed)
`jln@hkw-law.com
`STEVEN G. HILL, ESQ. (GA SBN: 354658) (pro hac vice motion to be filed)
`sgh@hkw-law.com
`JERRY C. LIU, ESQ. (GA SBN: 454899) (pro hac vice motion to be filed)
`jl@hkw-law.com
`MARTHA L. DECKER, ESQ. (GA SBN: 420867) (pro hac vice motion to be filed)
`md@hkw-law.com
`HILL, KERTSCHER & WHARTON, LLP
`3625 Cumberland Blvd., Suite 1050
`Atlanta, GA 30339
`Tel: (770) 953-0995
`Fax: (770) 953-1358
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`Attorneys for R.N Nehushtan Trust Ltd.
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`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`R.N NEHUSHTAN TRUST LTD.,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. ____________________
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`R.N Nehushtan Trust Ltd. (“RNN Trust”) hereby institutes this patent litigation against
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`Apple Inc. (“Apple”) for direct infringement of U.S. Patent Nos. 9,642,002 (the “002 Patent”) and
`
`9,635,544 (the “544 Patent”), attached as Exhibits A and B hereto. Apple’s cellular communication
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`devices (including iPhones, Apple Watches and iPads) directly infringe one or more claims of each
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`of these patents.
`
`- 1 -
`COMPLAINT FOR PATENT INFRINGEMENT
`
`APPLE 1010
`
`

`

`
`
`
`
`I.
`
`THE PARTIES
`
`1.
`
`RNN Trust is an Israeli Corporation, which holds all right, title and interest to the 544 and
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`002 Patents, including all rights to sue for and recover on all past, present and future infringements
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`of the 002 and 544 Patents.
`
`2.
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`Apple is a California corporation with its headquarters located at 1 Infinite Loop, Cupertino
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`California, 95014.
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`3.
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`Apple can be served this complaint via its registered agent, CT Corporation System, at 330
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`N. Brand Blvd., Ste 700, Glendale, CA 91203.
`
`II.
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`VENUE
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`4.
`
`This Court has federal subject matter jurisdiction under 28 U.S.C. §§ 1331, 1338(a) as this
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`action arises under the United States Patent laws, including but not limited to 35 U.S.C. § 271(a).
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`5.
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`This Court has personal jurisdiction over Apple as its headquarters lies in Cupertino
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`California and, upon information and belief, a substantial amount of the infringing activity has
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`taken place and currently takes place in this jurisdiction.
`
`6.
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`Venue is appropriate in this jurisdiction under 28 U.S.C. § 1400(b) because Apple resides
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`in this judicial district.
`
`III. BACKGROUND REGARDING THE 002 AND 544 PATENTS
`
`7.
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`The 002 and 544 Patents are members of a family of patents that have a priority date
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`spanning back to 2004. The invention took place during the nascent growth of the smart phone
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`market.
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`8.
`
`Rafi Nehushtan is the inventor of the 002 and 544 Patents. Rafi worked in the area of
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`network security and foresaw problems associated with cloning and hacking of smart phones. The
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`existent password technology did not adequately address these problems, as described in the
`
`specifications of the 002 and 544 Patents. For instance, the 002 Patent states,
`
`A security vulnerability exists in cellular devices. In even the most
`secure of current devices it is currently possible to read sensitive
`information from a cellular device (source) and write it into a new
`cellular device (destination) thus making the destination device
`identical to the source device with regards to the cellular network.
`
`- 2 -
`COMPLAINT FOR PATENT INFRINGEMENT
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`This enables the destination device to make calls, which are then
`billed to the source device. Such sensitive information may include
`device information such as the network identity of the device. It may
`also include personal information such as the user’s personal
`telephone book.
`
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`Exploiting the same vulnerability it is also possible to copy sensitive
`information from a source device to a destination device, thus
`enabling an end-user device upgrade without the know ledge of the
`cellular provider. Likewise it is possible to steal a device in one
`country and sell it in another country after a new operating system has
`been written into the stolen device.
`
`
`Col. 1, lines 25-42 (emphasis added).
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`9.
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`Rafi Nehushtan solved these problems and vulnerabilities through the development of
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`cellular communication security technology that included, amongst other components, an access
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`restrictor and a device unique security setting (“DUSS”) that would permit operating system and
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`settings updates and the like once the access restrictor verified that the DUSS received with the
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`update was correct.
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`10.
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`The 002 and 544 Patents describe in great deal the numerous ways in which the DUSS can
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`be constructed, including from information derived from device unique information (e.g., electronic
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`serial number or A-Key) in combination with random information. For instance, the 002 Patent
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`states,
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`In the following, the production of individual passwords or command
`codes is explained.
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`Whether considering password values, read instructions, write
`instructions, DM code or other device commands which are to be
`changed or added, the values may be constructed as follows:
`
`The construction may use one or more random values, whether
`numeric, alphabetic, alphanumeric or any other. The random values
`may be memory areas in the device’s operating system or designated
`fields.
`
`The construction may use a value generated from the contents of the
`NUM field.
`
`The construction may use a value generated from the contents of the
`ESN field.
`
`
`- 3 -
`COMPLAINT FOR PATENT INFRINGEMENT
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`The construction may use a value generated from the contents of the
`A-KEY field.
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`The construction may use a value generated from the contents of the
`SSD field.
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`The construction may use a product or a function of the contents of
`one or more of the following value fields:
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`NUM field,
`ESN field,
`A-KEY field,
`SSD field, and
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` a
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` random value or random values. The random values may be
`memory areas in the device's operating system or designated fields as
`before.
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`The construction may further use a value generated from an algorithm
`which is time-dependent and generates a different code for every
`second, minute or time interval. Further variation or alternative
`variation may then be introduced into the result based upon for
`example one or more of the following:
`
`Time.
`Challenge-response from the device's keypad.
`NUM field,
`ESN field,
`A-KEY field,
`SSD field,
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` A
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` random value or random values (The random values may be
`memory areas in the device's operating system or designated fields),
`and
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` A
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` seed value or values.
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`The above described value is hereinafter designated ALGI.
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`The value can be changed every time the device is connected to the
`system so that a one-time password, command or code results.
`
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`Col. 12, lines 9-56 (emphasis added).
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`- 4 -
`COMPLAINT FOR PATENT INFRINGEMENT
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`11.
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`The 002 and 544 Patents also provide numerous and detailed examples of how the inventive
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`technology could be implemented. For instance, the 002 Patent describes the use of the inventive
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`technology for device initialization as follows:
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`Device Initialization:
`Device initialization according to the preferred embodiments
`comprises writing a new ESN to the database, reading the A-KEY
`from the database, generating a new password for the device from a
`function of one or more of the NUM, ESN, A-KEY fields and random
`values, writing the password to the database, and setting the password
`in the device. Setting the password comprises sending the appropriate
`commands in data packets which, when written into the interface to
`which the cellular device is connected, are able to affect a password
`change. The server then waits for the appropriate response from the
`cellular device as received from the client program, makes additional
`necessary changes to the device and, if needed, replaces the operating
`system.
`
`
`Col. 20, lines 43-57 (emphasis added).
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`12.
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`The claims of the 002 and 544 Patents specifically describe and encompass the inventive
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`
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`technology, including Claim 5 of the 002 Patent as follows:
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`A cellular communication device comprising a processor, a memory
`and a data mode, said data mode allowing reading and writing of data
`in said memory and changing of settings on said cellular
`communication device, said settings comprising personal data,
`cellular communication device configuration data and technical data
`relating to the cellular communication device; wherein
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`said cellular communication device also comprises an access
`restrictor to restrict use of said data mode in accordance with a device
`unique security setting, the device unique security setting provided
`remotely to said cellular communication device using a predetermined
`security protocol;
`
`said device unique security setting is obtained remotely and provided
`to the cellular communication device before the data mode is used;
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`said data mode permits actions comprising uploading, maintaining or
`replacing an operating system in said cellular communication device
`that are provided by a cellular provider using an active connection;
`the device further being configured to carry out one member of the
`group consisting of:
`
`
`- 5 -
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`
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`enabling said cellular communication device to use said data mode
`when it is determined that said device unique security setting is
`correct; and
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`disabling use of said data mode when said active connection is no
`longer active.
`
`
`(Emphasis added.)
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`13.
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`Claim 5, and the other claims of the 002 and 544 Patents, provide a technical improvement
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`over the conventional technology then existent for securing cellular communication devices. The
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`elements or combination of the elements of the claims describe security technology that was not
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`well-understood, routine or conventional.
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`IV. COUNT I: DIRECT INFRINGEMENT OF THE 002 PATENT
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`RNN Trust incorporates herein by reference Paragraphs 1 - 13, as if stated herein.
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`Apple has made, offered for sale and sold cellular communications devices for at least the
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`14.
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`15.
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`last six years that directly infringe at least Claim 5 of the 002 Patent in violation of 35 U.S.C. §
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`271(a). These devices include i-Phones, iPads and Apple Watches including the models identified in
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`the charts attached hereto as Exhibits C-E (the “Accused Products”).
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`16.
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`The charts attached hereto as Exhibits C-E set forth evidence establishing that the Apple
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`Accused Products meet each and every limitation of Claim 5 of the 002 Patent.
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`17.
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`The infringements by the Accused Products of the 002 Patent have proximately caused
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`injury to RNN Trust in an amount to be calculated by a reasonable royalty.
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`V. COUNT II: DIRECT INFRINGEMENT OF THE 544 PATENT
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`RNN Trust incorporates herein by reference Paragraphs 1 - 13, as if stated herein.
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`Apple has made, offered for sale and sold Accused Products for at least the last six years
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`18.
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`19.
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`that directly infringe at least Claim 17 of the 544 Patent in violation of 35 U.S.C. § 271(a).
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`20.
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`The charts attached hereto as Exhibits F-H hereto set forth evidence that the Apple Accused
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`Products meet each and every limitation of Claim 17 of the 544 Patent.
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`21.
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`The infringements by the Accused Products of the 544 Patent have proximately caused
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`injury to RNN Trust in an amount to be calculated by a reasonable royalty.
`
`- 6 -
`COMPLAINT FOR PATENT INFRINGEMENT
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`PRAYER FOR RELIEF
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`2
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`WHEREFORE, RNN Trust prays that it be awarded the following relief:
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`1. A reasonable royalty based on Apple’s past, present and future making, offer for sale
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`and sale of the Accused Products, going back the last six years.
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`2. Interest on the reasonable royalty amount for past infringements.
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`3. Such other relief as this Court may deem just and appropriate.
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`JURY DEMAND
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`RNN Trust hereby demands a trial by jury on all issues triable to a jury.
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`DATED: March 23, 2022
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`
`/s/Robert Harkins
`Korula T. Cherian, Cal. Bar No. 133697
`Robert Harkins, Cal. Bar No. 179525
`RUYAKCHERIAN LLP
`1936 University Ave, Ste 350
`Berkeley, CA 94704
`Telephone: (510) 944-0190
`sunnyc@ruyakcherian.com
`bobh@ruyakcherian.com
`
`Attorneys for Plaintiff R.N Nehushtan Trust Ltd.
`
`- 7 -
`COMPLAINT FOR PATENT INFRINGEMENT
`
`