APEX BEAM TECHNOLOGIES LLC,
`
`Case No. 2:22-cv-00188-JRG
`
`Plaintiff,
`
`JURY TRIAL DEMANDED
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`v.
`
`SAMSUNG ELECTRONICS CO. LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`Defendants.
`
`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`
`Plaintiff Apex Beam Technologies LLC (“Apex Beam”) hereby makes the following
`
`infringement disclosures under the Patent Local Rules with respect to United States Patent
`
`Nos. 10,462,767; 10,568,113; 10,912,081; 10,944,527; and 10,951,271 (collectively, “Patents-in-
`
`Suit”). Apex Beam’s investigation is ongoing, and discovery has not yet commenced. Accordingly,
`
`these disclosures are based on information available to Apex Beam at this time. Apex Beam
`
`reserves the right to supplement this disclosure after further discovery from defendant and non-
`
`parties, particularly documents and other discovery regarding the Samsung Accused Products set
`
`forth below. Apex Beam also reserves the right to assert additional claims of the Patents-in-Suit,
`
`accuse different products, or find alternative literal and/or equivalent infringing elements in the
`
`Samsung Accused Products.
`
`Samsung Exhibit 1020, Page 1 of 8
`
`
`
`Case No. 2:22-cv-00188-JRG
`
`Plaintiff,
`
`JURY TRIAL DEMANDED
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`v.
`
`SAMSUNG ELECTRONICS CO. LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`Defendants.
`
`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`
`Plaintiff Apex Beam Technologies LLC (“Apex Beam”) hereby makes the following
`
`infringement disclosures under the Patent Local Rules with respect to United States Patent
`
`Nos. 10,462,767; 10,568,113; 10,912,081; 10,944,527; and 10,951,271 (collectively, “Patents-in-
`
`Suit”). Apex Beam’s investigation is ongoing, and discovery has not yet commenced. Accordingly,
`
`these disclosures are based on information available to Apex Beam at this time. Apex Beam
`
`reserves the right to supplement this disclosure after further discovery from defendant and non-
`
`parties, particularly documents and other discovery regarding the Samsung Accused Products set
`
`forth below. Apex Beam also reserves the right to assert additional claims of the Patents-in-Suit,
`
`accuse different products, or find alternative literal and/or equivalent infringing elements in the
`
`Samsung Accused Products.
`
`Samsung Exhibit 1020, Page 1 of 8
`
`
`
`I.
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
`PURSUANT TO PATENT LOCAL RULE 3-1
`
`A.
`
`ASSERTED CLAIMS
`
`Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.
`
`(“Defendant” or “Samsung”) have infringed and continue to infringe at least the following claims
`
`of the Patents-in-Suit in connection with the Samsung Accused Products set forth below:
`
`• Claims 1-5 and 11-15 of the ’767 Patent;
`
`• Claims 1-5 and 11-15 of the ’113 Patent;
`
`• Claims 1-4 and 9-10 of the ’081 Patent;
`
`• Claims 1-5 and 11-15 of the ’527 Patent; and
`
`• Claims 1-5, and 11-15 of the ’271 Patent.
`
`Apex Beam reserves the right to seek leave of court to add, delete, substitute, or otherwise
`
`amend this list of asserted claims should further discovery, the Court’s claim construction, or other
`
`circumstances so merit.
`
`B.
`
`ACCUSED PRODUCTS
`
`Apex Beam is currently aware the following Samsung products that infringe the ’767
`
`Patent, the ’081 Patent, the ’527 Patent, and the ’271 Patent: the Galaxy A13 5G, Galaxy A22 5G,
`
`Galaxy A32 5G, Galaxy A33 5G, Galaxy A42 5G, Galaxy A51 5G, Galaxy A52 5G, Galaxy A52s
`
`5G, Galaxy A53 5G, Galaxy A71 5G, Galaxy A73 5G, Galaxy A90 5G, Galaxy Book Go 5G,
`
`Galaxy Book Pro 360 5G, Galaxy F42 5G, Galaxy F52 5G, Galaxy Fold 5G, Galaxy M32 5G,
`
`Galaxy M42 5G, Galaxy M52 5G, Galaxy Note 10 5G, Galaxy Note 10+ 5G, Galaxy Note 20 5G,
`
`Galaxy Note 20 Ultra 5G, Galaxy Quantum 2, Galaxy S10 5G, Galaxy S20 5G, Galaxy S20 FE
`
`5G, Galaxy S20 Ultra 5G, Galaxy S20 UW, Galaxy S20+ 5G, Galaxy S21 5G, Galaxy S21 Ultra
`
`5G, Galaxy S21+ 5G, Galaxy S22, Galaxy S22 5G, Galaxy S22 Ultra, Galaxy S22+, Galaxy Tab
`
`2
`
`Samsung Exhibit 1020, Page 2 of 8
`
`
`
`S7 5G, Galaxy Tab S7 FE 5G, Galaxy Tab S7+ 5G, Galaxy Tab S8+ 5G, Galaxy Z Flip 5G, Galaxy
`
`Z Flip3 5G, Galaxy Z Flip4, Galaxy Z Fold 2 5G, Galaxy Z Fold3 5G, and the Galaxy Z Fold4;
`
`and the following Samsung products that infringe the ’113 Patent: the Galaxy S22, Galaxy S22
`
`Ultra, Galaxy S22+, Galaxy Z Fold4, and the Galaxy Z Flip4 (collectively, the “Accused
`
`Products”).
`
`Apex Beam reserves the right to amend this list of accused products, as well as other
`
`information contained in this document and the appendices hereto, to incorporate new information
`
`learned during the course of discovery including, but not limited to, the inclusion of newly-released
`
`products or any other equivalent devices ascertained through discovery.
`
`C.
`
`CLAIM CHARTS
`
`Claim charts identifying a location of every element of every asserted claim of the Patents-
`
`in-Suit within Samsung Accused Products are attached hereto as Appendices A-E. Apex Beam
`
`believes that the citations in the claim charts are representative of all Samsung Accused Products.
`
`For example, where Apex Beam cites reference material or images representing an application,
`
`service, or server, that citation is representative for all other such applications, services, or servers
`
`including all prior and future versions unless otherwise noted. Apex Beam reserves the right to
`
`amend these claim charts as well as other information contained in this document and the
`
`appendices hereto, to incorporate new information learned during the course of discovery
`
`including, but not limited to, information that is not publicly available or readily discernible
`
`without discovery. Apex Beam further reserves the right to amend these claim charts, as well as
`
`other information contained in this document and the appendices attached hereto, pursuant to
`
`Patent Local Rules 3-1(g) and 3-6.
`
`
`
`
`
`3
`
`Samsung Exhibit 1020, Page 3 of 8
`
`
`
`D.
`
`LITERAL INFRINGEMENT AND DOCTRINE OF EQUIVALENTS
`
`Apex Beam asserts that, under the proper construction of the asserted claims and their claim
`
`terms, the limitations of the asserted claims of the Patents-in-Suit are literally present in the
`
`Samsung Accused Products as set forth in the claim charts attached hereto as Appendices A-E.
`
`Apex Beam contends that any and all elements found not to be literally infringed are infringed
`
`under the doctrine of equivalents because the differences between the claimed inventions and the
`
`accused products, if any, are insubstantial.
`
`Apex Beam contends that Samsung directly infringes the asserted claims by making, using,
`
`offering for sale, selling, and importing into the United States the accused products as well as
`
`indirectly infringe by contributing to and/or inducing others (e.g., Samsung customers or its
`
`Samsung customers’ customers) to directly infringe those claims by making, using, offering for
`
`sale, or selling the Samsung Accused Products. Apex Beam contends that Samsung directly
`
`infringes the asserted claims by testing the Samsung Accused Products in the United States.
`
`Pursuant to Patent Local Rule 3-6(a)(1), Apex Beam reserves the right to amend its
`
`Infringement Contentions as to literal infringement or infringement under the doctrine of
`
`equivalents, e.g., in light of the Court’s claim construction.
`
`E.
`
`PRIORITY DATES
`
`Pursuant to P.R. 3-1(e), Apex Beam provides the following disclosure:
`
`• Each of the asserted claims of the ’767 Patent is entitled to a priority date of April 19,
`
`2017;
`
`• Each of the asserted claims of the ’113 Patent is entitled to a priority date of August
`
`11, 2017;
`
`4
`
`Samsung Exhibit 1020, Page 4 of 8
`
`
`
`• Each of the asserted claims of the ’081 Patent is entitled to a priority date of May 8,
`
`2017;
`
`• Each of the asserted claims of the ’527 Patent is entitled to a priority date of December
`
`3, 2016; and
`
`• Each of the asserted claims of the ’217 Patent is entitled to a priority date of December
`
`28, 2016.
`
`Apex Beam’s disclosure under P.R. 3-1(e) is made without prejudice to Apex Beam’s right
`
`to establish an earlier date of invention based upon actions related to conception and reduction to
`
`practice of the claimed inventions.
`
`II.
`
`PRODUCTION OF DOCUMENTS PURSUANT TO PATENT LOCAL RULE 3-2
`
`Apex Beam is producing or making available for inspection documents that are in Apex
`
`Beam’s possession, custody, or control as set forth in Patent Local Rule 3-2. An Apex Beam 3-2
`
`Production Index identifying these documents is attached hereto.
`
`This preliminary identification of documents is for convenience and is not an admission
`
`that each document falls within any exemplary categories in the Patent Local Rules, or that any
`
`document qualifies as prior art. Apex Beam is continuing with its investigation, particularly with
`
`respect to ESI. Thus, Apex Beam reserves its right to add to, delete from, or otherwise modify its
`
`disclosures in this section as its investigation proceeds.
`
`Production of these documents is governed by Patent Local Rule 2-2, and, with the
`
`exception of documents produced pursuant to P.R. 3.2(c) and public documents listed in the
`
`infringement charts, are considered “Confidential – Outside Attorneys Eyes Only” and disclosure
`
`of the confidential document or information shall be limited to each party’s outside attorney(s) of
`
`record and the employees of such outside attorney(s).
`
`5
`
`Samsung Exhibit 1020, Page 5 of 8
`
`
`
`Dated: January 5, 2023
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
` /s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`ATTORNEYS FOR PLAINTIFF,
`APEX BEAM TECHNOLOGIES LLC
`
`6
`
`Samsung Exhibit 1020, Page 6 of 8
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, on January 5, 2023, all counsel of record are being
`
`served with a copy of this document via electronic mail.
`
`
`
` /s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`
`
`
`
`Samsung Exhibit 1020, Page 7 of 8
`
`
`
`APEX BEAM P.R. 3-2 PRODUCTION INDEX
`
`
`
`
`
`
`
`
`
`
`3-2(a): n/a
`
`3-2(b): n/a
`
`3-2(c): ABT_00000001 through ABT_00001687
`
`
`
`
`
`
`
`
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`
`
`Samsung Exhibit 1020, Page 8 of 8
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`
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