UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOGAIL TECHNOLOGIES LTD.,
`
`Plaintiff,
`
`Case No. 6:22-cv-00326-ADA
`
`JURY TRIAL DEMANDED
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`PLAINTIFF’S PRELIMINARY DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS TO DEFENDANT APPLE INC.
`
`Togail Technologies Ltd. (“Plaintiff” or “Togail”) submits the following Preliminary
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`Disclosure of Asserted Claims and Infringement Contentions to Defendant Apple Inc.
`
`(“Defendant” or “Apple”). This disclosure is based on the information available to Togail as of
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`the date of this disclosure, and Togail reserves the right to amend this disclosure to the full extent
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`consistent with the Court’s Rules and Orders.
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`I.
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`Asserted Claims
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`Togail asserts that Apple has infringed and continues to infringe at least the following
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`claims of Togail’s patents (collectively, the “Asserted Claims”):
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`A. U.S. Patent No. 10,743,238 (“the ’238 Patent”): Claims 1, 2, 3, 4, 5, 11, 12, 13, 14
`
`and 15.
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`B. U.S. Patent No. 10,791,502 (“the ’502 Patent”): Claims 1, 2, 4, 5, 6, 7, 8, 9, 11, 12,
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`14, 15, 16, 17, 18, and 19.
`
`C. U.S. Patent No. 10,972,972 (“the ’972 Patent”): Claims 1, 8, 11, 12, 13, 14, 15, 22,
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`25, 26, 27, and 28.
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`Ex.1017
`APPLE INC. / Page 1 of 7
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`

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`D. U.S. Patent No. 11,115,165 (“the ’165 Patent”): Claims 1, 2, 3, 5, 6, 7, 8, 9, 11 and
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`12.
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`Togail reserves the right to seek leave of court to add, delete, substitute, or otherwise amend
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`this list of asserted claims should further discovery, the Court’s claim construction, or other
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`circumstances so merit.
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`II.
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`Accused Products
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`Togail contends that the Asserted Claims are infringed by the various apparatuses used,
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`made, sold, offered for sale, or imported into the United States by Apple (the “Accused Products”).
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`The Accused Products include at least the following, as well as products with reasonably similar
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`functionality:
`
`•
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`iPhone 12, iPhone 12 Mini, iPhone 12 Pro, iPhone 12 Pro Max, iPhone SE (3rd
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`Generation), iPhone 13, iPhone 13 Mini, iPhone 13 Pro, iPhone 13 Pro Max, iPhone
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`14, iPhone 14 Plus, iPhone 14 Pro, iPhone 14 Pro Max, iPad Pro (5th Generation), iPad
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`Air (5th Generation), iPad Mini (6th Generation), and any other products with 5G
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`functionality.
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`Togail reserves the right to amend this list of Accused Products, as well as other information
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`contained in this document and the exhibits hereto, to incorporate new information learned during
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`the course of discovery, including, but not limited to, the inclusion of newly released products,
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`versions, or any other equivalent devices ascertained through discovery. Further, to the extent any
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`accused infringing products have gone through or will go through name changes, but were or will
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`be used or sold with the same accused features, earlier corresponding products under different
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`names also are accused.
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`
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`
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`2
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`Ex.1017
`APPLE INC. / Page 2 of 7
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`III. Claim Charts
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`Claim charts identifying a location of every element of every asserted claim of the asserted
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`Togail Patents within accused products are attached hereto as Exhibits A-D. Togail’s analysis of
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`the Accused Products is based on limited publicly available information and based on Togail’s
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`own investigation prior to any discovery in this action. In an effort to focus the issues, Togail
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`identifies exemplary evidence for each claim limitation. The evidence cited for a particular
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`limitation should be considered in light of the additional evidence cited for the other claim
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`limitations. Togail reserves the right to rely on evidence cited for any particular limitation of an
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`asserted claim for any other limitation asserted for that claim. Unless otherwise indicated, the
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`information provided that corresponds to each claim element is considered to indicate that each
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`claim element is found within each of the different variations of each respective Accused Products
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`described above.
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`These infringement contentions are prepared with public information and have not been
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`prepared with the benefit of discovery. The references provided in the attached charts may cite
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`particular versions of a given 3GPP or other technical specification. It should be understood that
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`references and citations are exemplary in nature and do not limit infringement assertions to only
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`those releases or versions. Togail’s citation of portions of the 3GPP standards herein should not
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`be interpreted to limit Togail’s infringement proof in expert reports or at trial in any way. Togail’s
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`citation of portions of the 3GPP standards herein provides detailed notice of Togail’s theory of
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`infringement, but Togail intends to rely on additional evidence including, but not limited to, data
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`sheets, design specifications, source code, testing information, reference designs, implementation
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`and utilization information, and/or schematics as proof of infringement in expert reports and at
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`trial.
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`
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`3
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`Ex.1017
`APPLE INC. / Page 3 of 7
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`Togail reserves the right to amend these claim charts, as well as other information
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`contained in this document and the exhibits hereto. Togail further reserves the right to amend
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`these claim charts to incorporate new information learned during the course of discovery,
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`including, but not limited to, information that is not publicly available or readily discernible
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`without discovery or undue burden.
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`IV.
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`Literal Infringement / Doctrine of Equivalents
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`Togail asserts that Apple infringes the Asserted Claims listed above under at least 35
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`U.S.C. § 271(a), (b), (c), and/or (f). Togail contends that Apple has directly infringed and
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`continues to directly infringe the asserted claims by making, using, offering for sale, selling, and
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`importing into the United States the Accused Products. Togail also contends that Apple (i) induces
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`end users of the Accused Products to directly infringe the Asserted Claims and (ii) contributes to
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`end users’ direct infringement of the Asserted Claims. Togail asserts that, under the proper
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`construction of the Asserted Claims and their claim terms, the limitations of the asserted claims of
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`the asserted Togail patents are literally present in the Accused Products, as set forth in the claim
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`charts attached hereto as Exhibits A-D. Togail contends that any and all elements found not to be
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`literally infringed are infringed under the doctrine of equivalents because the differences between
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`the claimed inventions and the Accused Products, if any, are insubstantial.
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`Togail’s contention is that each limitation is literally met, and necessarily also would be
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`met under the doctrine of equivalents because there are no substantial differences between the
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`Accused Products and the claims, in function, way, or result. If Apple attempts to argue that there
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`is no infringement literally and also no infringement under doctrine of equivalents and attempts to
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`draw any distinction between the claimed functionality and the functionality in the Accused
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`Products, then Togail reserves its right to rebut the alleged distinction as a matter of literal
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`
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`4
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`Ex.1017
`APPLE INC. / Page 4 of 7
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`infringement and/or as to whether any such distinction is substantial under the doctrine of
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`equivalents.
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`Togail reserves the right to amend its Infringement Contentions as to literal infringement
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`or infringement under the doctrine of equivalents in light of new information learned during the
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`course of discovery and the Court’s claim construction.
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`V.
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`Priority Dates
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`The Asserted Claims are entitled to a priority date of at least the following:
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`A.
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`U.S. Patent No. 10,743,238: Each asserted claim of the ’238 Patent is entitled to
`
`at least a priority date of November 15, 2017.
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`B.
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`U.S. Patent No. 10,791,502: Each asserted claim of the ’502 Patent is entitled to
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`at least a priority date of April 2, 2018.
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`C.
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`U.S. Patent No. 10,972,972: Each asserted claim of the ’972 Patent is entitled to
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`at least a priority date of July 17, 2018.
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`D.
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`U.S. Patent No. 11,115,165: Each asserted claim of the ’165 Patent is entitled to
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`at least a priority date of November 2, 2018.
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`VI.
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`Identification of Instrumentalities Practicing the Claimed Inventions
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`At this time, Togail is not relying on any assertion that any of its own instrumentalities
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`practice the claims of the Asserted Patents.
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`VII. Document Production Accompanying Disclosure
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`Togail submits the following Document Production Accompanying Disclosure, along with
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`an identification of the categories to which each of the documents corresponds.
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`Togail is presently unaware of any documents sufficient to evidence any discussion with,
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`disclosure to, or other manner of providing to a third party, or sale of or offer to sell, the inventions
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`
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`5
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`Ex.1017
`APPLE INC. / Page 5 of 7
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`recited in the Asserted Claims of the asserted patents prior to the application date or priority date
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`for the asserted patents. A diligent search continues for documents and Togail reserves the right
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`to supplement this response.
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`Togail is presently unaware of documents regarding the conception, reduction to practice,
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`design, and development of each claimed invention of the asserted patents, which were created
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`before the date of application for the asserted patent or the priority date identified above. A diligent
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`search continues for documents and Togail reserves the right to supplement this response.
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`Togail identifies the following documents as being the file histories for the Asserted
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`Patents: TOGAIL-APPLE_00000033 - TOGAIL-APPLE_00001914.
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`
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`Dated: October 3, 2022
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`
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`
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`Respectfully submitted,
`
`By: /s/ Brett E. Cooper
`
`
`Brett E. Cooper (NY SBN 4011011)
`bcooper@bc-lawgroup.com
`Seth Hasenour (TX SBN 24059910)
`shasenour@bc-lawgroup.com
`Drew B. Hollander (NY SBN 5378096)
`dhollander@bc-lawgroup.com
`
`BC LAW GROUP, P.C.
`200 Madison Avenue, 24th Floor
`New York, NY 10016
`Phone: (516) 359-9968
`
`Attorneys for Plaintiff Togail Technologies
`Limited
`
`
`
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`6
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`Ex.1017
`APPLE INC. / Page 6 of 7
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`CERTIFICATE OF SERVICE
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`I certify that this document is being served upon counsel of record for Defendant via
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`electronic service.
`
`
`
`/s/Drew B. Hollander
` Drew B. Hollander
`
`
`
`
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`7
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`Ex.1017
`APPLE INC. / Page 7 of 7
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