`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`DYNAPASS IP HOLDINGS LLC,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, INC.,
`
`Defendant.
`
`DYNAPASS IP HOLDINGS LLC,
`
`Plaintiff,
`
`v.
`
`EXPERIAN INFORMATION
`SOLUTIONS, INC.,
`
`Defendant.
`
`C.A. No. 2:23-cv-00063
`(LEAD CASE)
`JURY TRIAL DEMANDED
`
`C.A. No. 2:22-cv-00066
`(MEMBER CASE)
`JURY TRIAL DEMANDED
`
`FIRST SUPPLEMENTAL DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
`
`Pursuant to P.R. 3-1 and P.R. 3-2, Dynapass IP Holdings LLC (“Dynapass”), hereby serves
`
`its First Supplemental Infringement Contentions on Defendant Experian Information Solutions,
`
`Inc. (“Defendant”). Claim construction has not yet begun, and Dynapass reserves the right to
`
`amend these Contentions, as permitted by P.R. 3-6.
`
`P.R. 3-1(a): Identification of Infringed Claims
`Defendant infringes the following claims of U.S. Patent No. 6,993,658 (“the ’658 Patent”).
`
`Asserted Patent
`’658 Patent
`
`Infringed Claims
`1–3 and 5–7
`
`EXPERIAN EXHIBIT 1019
`IPR2023-01406
`
`
`
`P.R. 3-1(b): Identification of Accused Instrumentalities
`
`The Accused Instrumentalities for claims 1–3 and 5–7 of the ’658 Patent are Defendant’s
`
`multifactor authentication services, and the systems and applications that provide two-factor
`
`authentication to Defendant’s customers as part of Defendant’s multifactor authentication services.
`
`The Accused
`
`Instrumentalities are accessible
`
`through at
`
`least Defendant’s website
`
`(https://www.experian.com/). The Accused Instrumentalities include all related software for
`
`hardware components identified above, as well as any other hardware and software utilized by the
`
`Accused Instrumentalities that is integral to either the systems that employ those hardware
`
`components or the functionalities detailed in Exhibit A.
`
`P.R. 3-1(c): Claim Charts
`
`Claim charts identifying specifically where each element of each asserted claim is found
`
`within the Accused Instrumentalities are attached hereto as Exhibit A. The evidence in Exhibit A
`
`comes from public sources. Discovery is ongoing, and Dynapass reserves the right to amend and
`
`supplement its infringement contentions, including in response to the production of confidential
`
`information or source code. See, e.g., P.R. 3-6(a)(1); Section 3(a) of Chief Judge Gilstrap’s Sample
`
`Discovery Order for Patent Cases.
`
`P.R. 3-1(d): Disclosure of Literal Infringement and Infringement under the
`Doctrine of Equivalents
`
`Dynapass contends that each claim element for each asserted claim is literally infringed, as
`
`set forth in Exhibit A. In addition, Dynapass asserts that certain claim limitations are also infringed
`
`under the doctrine of equivalents as identified in Exhibit A. Dynapass reserves the right to assert
`
`additional theories under the doctrine of equivalents in response to claim construction positions
`
`that Defendant may adopt or the production of source code for software-based limitations. See,
`
`1
`
`
`
`e.g., P.R. 3-6(a)(1); Section 3(a) of Chief Judge Gilstrap’s Sample Discovery Order for Patent
`
`Cases.
`
`P.R. 3-1(e): Disclosure of Priority Claims
`
`The asserted claims of the ’658 Patent are entitled to a priority date of March 6, 2000.
`
`P.R. 3-1(f): Dynapass’ Reliance on its Instrumentalities
`
`At this time, Dynapass does not intend to rely on the assertion that its instrumentalities
`
`practice the Asserted Patents.
`
`P.R. 3-2: Document Production
`
`Documents required to be produced accompanying Disclosures of Asserted Claims and
`
`Infringement Contentions under P.R. 3-2 were produced on May 16, 2023, at DYNPS_00000037
`
`– DYNPS_00000379.
`
`Discovery is ongoing, so Dynapass reserves the right to supplement its production with
`
`documents responsive to P.R. 3-2.
`
`Dated: July 7, 2023
`
`
`
`By: /s/ Fred I. Williams
`Fred I. Williams
`Texas State Bar No. 00794855
`Michael Simons
`Texas State Bar No. 24008042
`WILLIAMS SIMONS & LANDIS PLLC
`The Littlefield Building
`601 Congress Ave., Suite 600
`Austin, TX 78701
`Tel: 512-543-1354
`fwilliams@wsltrial.com
`msimons@wsltrial.com
`
`Todd E. Landis
`Texas State Bar No. 24030226
`Michael J. Fagan, Jr.
`Texas State Bar No. 24087490
`WILLIAMS SIMONS & LANDIS PLLC
`2633 McKinney Ave., Suite 130 #366
`
`2
`
`
`
`Dallas, TX 75204
`Tel: 512-543-1357
`tlandis@wsltrial.com
`mfagan@wsltrial.com
`
`John Wittenzellner
`Pennsylvania State Bar No. 308996
`WILLIAMS SIMONS & LANDIS PLLC
`1735 Market Street, Suite A #453
`Philadelphia, PA 19103
`Tel: 512-543-1373
`johnw@wsltrial.com
`
`Attorneys for Plaintiff Dynapass IP Holdings LLC
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on July 7, 2023, the undersigned caused a copy of
`
`the foregoing document to be served on all counsel of record, via electronic mail, pursuant to the
`
`Federal Rules of Civil Procedure.
`
`By: /s/ Fred I. Williams
`Fred I. Williams
`
`4
`
`
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