UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`Plaintiff,
`
`
`Case No. 2:23-cv-00285-JRG-RSP
`
`
`
`
`
`
`v.
`
`COBBLESTONE WIRELESS, LLC,
`
`
`
`
`SAMSUNG ELECTRONICS
`AMERICA, INC., et al.,
`
`
`
`
`
`
`
`Defendants.
`
`
`PLAINTIFF COBBLESTONE WIRELESS, LLC’S PRELIMINARY DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
`
`Patent Rule 3-1: Disclosure of Asserted Claims and Infringement Contentions
`
`Pursuant to Patent Rule 3-1, Plaintiff Cobblestone Wireless, LLC submits the following
`
`
`I.
`
`Preliminary Disclosure of Asserted Claims and Infringement Contentions. This disclosure is based
`
`on the information available to Cobblestone as of the date of this disclosure, and Cobblestone
`
`reserves the right to amend this disclosure to the full extent permitted, consistent with the Court’s
`
`Rules and Orders.
`
`A.
`
`Patent Rule 3-1(a): Asserted Claims
`
`Cobblestone asserts that Defendants Samsung Electronics America, Inc. and Samsung
`
`Electronics Co., Ltd. (collectively “Samsung”) infringe the following claims (collectively,
`
`“Asserted Claims”):
`
`(1) U.S. Patent No. 7,924,802 (“the ’802 patent”), claims 1–4, 6–10, 13, 14, 17, and
`
`21–24;
`
`(2) U.S. Patent No. 8,891,347 (“the ’347 patent”), claims 1-4, 6-12, 14-17, and 19-23;
`
`(3) U.S. Patent No. 9,094,888 (“the ’888 patent”), claims 9, 10, 12, 20, 21, and 23;
`
`
`
`1
`
`Cobblestone Wireless, LLC
`Ex. 2027, IPR2024-00315
`Page 1 of 7
`
`

`

`(4) U.S. Patent No. 10,368,361 (“the ’361 patent”), claims 10-13, 15, and 17; and
`
`(5) U.S. Patent No. 8,554,196 (“the ’196 patent”), claims 1–5, 7, 10, 12, 14, 17, 18, 20
`
`and 21.
`
`B.
`
`Patent Rule 3-1(b): Accused Instrumentalities of which Cobblestone is aware
`
`Cobblestone asserts that the Asserted Claims are infringed by the various instrumentalities
`
`used, made, sold, offered for sale, or imported into the United States by Defendants, including
`
`certain (a) cellular base stations that support 3GPP 5G NR (“New Radio”) communications, (b)
`
`4G LTE cellular base stations that support handover to or from 5G NR cellular base stations, (c)
`
`user equipment that supports 3GPP 5G NR communications, and (d) cellular base stations and user
`
`equipment that support 3GPP carrier aggregation, and (e) cellular base stations that support
`
`providing network coverage using different types of beams and networks, e.g. 4G LTE and 5G NR
`
`wireless networks (“Accused Instrumentalities”). Defendants’ Accused Instrumentalities of which
`
`Cobblestone is presently aware are described in more detail in the accompanying preliminary
`
`infringement contention charts, Exhibits A-E.
`
`Cobblestone reserves the right to accuse additional products from Defendants to the extent
`
`Cobblestone becomes aware of additional products during the discovery process. Unless otherwise
`
`stated, Cobblestone’s assertions of infringement apply to all variations, versions, and applications
`
`of each of the Accused Instrumentalities, on information and belief, that different variations,
`
`versions, and applications of each of the Accused Instrumentalities are substantially the same for
`
`purposes of infringement of the Asserted Claims.
`
`C.
`
`Patent Rule 3-1(c): Claim Charts
`
`Cobblestone’s analysis of Defendants’ products is based upon limited information that is
`
`publicly available, and based on Cobblestone’s own investigation prior to any discovery in these
`
`
`
`2
`
`Cobblestone Wireless, LLC
`Ex. 2027, IPR2024-00315
`Page 2 of 7
`
`

`

`actions. Specifically, Cobblestone’s analysis is based on certain limited resources that evidence
`
`certain products made, sold, used, or imported into the United States by Defendants.
`
`Cobblestone reserves the right to amend or supplement these disclosures for any of the
`
`following reasons:
`
`(1) Defendants and/or
`
`third parties provide evidence relating
`
`to
`
`the Accused
`
`Instrumentalities;
`
`(2) Cobblestone’s position on infringement of specific claims may depend on the claim
`
`constructions adopted by the Court, which has not yet occured; and
`
`(3) Cobblestone’s investigation and analysis of Defendants’ Accused Instrumentalities is
`
`based upon public information and Cobblestone’s own investigations. Cobblestone
`
`reserves the right to amend these contentions based upon discovery of non-public
`
`information that Cobblestone anticipates receiving during discovery.
`
`Attached as Exhibits A-E, and incorporated herein in their entirety, are charts identifying
`
`where each element of the Asserted Claims are found in the Accused Instrumentalities.
`
`Unless otherwise indicated, the information provided that corresponds to each claim
`
`element is considered to indicate that each claim element is found within each of the different
`
`variations, versions, and applications of each of the respective Accused Instrumentalities described
`
`above.
`
`D.
`
`Patent Rule 3-1(d): Literal Infringement / Doctrine of Equivalents
`
`With respect to the patents at issue, each element of each Asserted Claim is considered to
`
`be literally present. Cobblestone also contends that each Asserted Claim is infringed or has been
`
`infringed under the doctrine of equivalents in Defendant’s Accused Instrumentalities. Cobblestone
`
`also contends that Defendant both directly and indirectly infringes the Asserted Claims. For
`
`example, the Accused Instrumentalities are provided by the Defendant to customers, who are
`
`
`
`3
`
`Cobblestone Wireless, LLC
`Ex. 2027, IPR2024-00315
`Page 3 of 7
`
`

`

`actively encouraged and instructed (for example, through Defendant’s online instructions on its
`
`website and instructions, manual, or user guides that are provided with the Accused
`
`Instrumentalities) by the Defendant to use the Accused Instrumentalities in ways that directly
`
`infringe the Asserted Claims. Defendant therefore specifically intends for and induces its
`
`customers to infringe the Asserted Claims under Section 271(b) through the customers’ normal
`
`and customary use of the Accused Instrumentalities. In addition, Defendant is contributorily
`
`infringing the Asserted Claims under Section 271(c) and/or Section 271(f) by selling, offering for
`
`sale, or importing the Accused Instrumentalities into the United States, which constitute a material
`
`part of the inventions claimed in the Asserted Claims, are especially made or adapted to infringe
`
`the Asserted Claims, and are otherwise not staple articles or commodities of commerce suitable
`
`for non-infringing use.
`
`E.
`
`Patent Rule 3-1(e): Priority Dates
`
`The Asserted Claims of the ’802 patent are entited to a priority date at least as early as
`
`January 23, 2008, the filing date of U.S. Patent Application No. 12/018,370.
`
`The Asserted Claims of the ’347 patent are entitled to a priority date at least as early as
`
`July 28, 2011, the filing date of International Application No. PCT/CN2011/077718.
`
`The Asserted Claims of the ’888 patent are entitled to a priority date at least as early as
`
`April 29, 2011, the filing date of International Application No. PCT/US2011/034470.
`
`The Asserted Claims of the ’361 patent are entitled to a priority date at least as early as
`
`August 1, 2014, the filing date of International Application No. PCT/CN2014/083578.
`
`The Asserted Claims of the ’196 patent are entitled to a priority date at least as early as
`
`August 24, 2011, the filing date of International Application No. PCT/US2011/049003.
`
`A diligent search continues for additional responsive information and Cobblestone reserves
`
`the right to supplement this response.
`
`
`
`4
`
`Cobblestone Wireless, LLC
`Ex. 2027, IPR2024-00315
`Page 4 of 7
`
`

`

`F.
`
`Patent Rule 3-1(f): Identification of Instrumentalities Practicing the Claimed
`Invention
`
`At this time, Cobblestone does not identify any of its instrumentalities as practicing the
`
`Asserted Claims. A diligent search continues for additional responsive information and
`
`Cobblestone reserves the right to supplement this response.
`
`II.
`
`Patent Rule 3-2: Document Production Accompanying Disclosure
`
`Pursuant to Patent Rule 3-2, Cobblestone submits the following Document Production
`
`Accompanying Disclosure, along with an identification of the categories to which each of the
`
`documents corresponds.
`
`F.
`
`Patent Rule 3-2(a) documents:
`
`Cobblestone is presently unaware of any documents sufficient to evidence any discussion
`
`with, disclosure to, or other manner of providing to a third party, or sale of or offer to sell, the
`
`inventions recited in the Asserted Claims of the Asserted Patents prior to the application dates or
`
`priority dates for the Asserted Patents. A diligent search continues for such documents and
`
`Cobblestone reserves the right to supplement this response.
`
`G.
`
`Patent Rule 3-2(b) documents:
`
`Cobblestone identifies the following non-privileged documents as related to evidencing
`
`conception and reduction to practice of each claimed invention of the Asserted Patents:
`
`COBB_SAM_000001-1748. A diligent search continues for additional documents and
`
`Cobblestone reserves the right to supplement this response.
`
`H.
`
`Patent Rule 3-2(c) documents:
`
`Cobblestone identifies the following documents as being the file histories for the Asserted
`
`Patents: COBB_SAM_000023-117, COBB_SAM_000138-383, COBB_SAM_000402-704,
`
`COBB_SAM_000727-1341, COBB_SAM_001362-1748.
`
`
`
`5
`
`Cobblestone Wireless, LLC
`Ex. 2027, IPR2024-00315
`Page 5 of 7
`
`

`

`
`
`Dated: September 28, 2023
`
`
`
`
`
` Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`/s/ Reza Mirzaie
`Reza Mirzaie
`CA State Bar No. 246953
`Marc A. Fenster
`CA State Bar No. 181067
`Neil A. Rubin
`CA State Bar No. 250761
`Amy E. Hayden
`CA State Bar No. 287026
`Qi Tong
`CA State Bar No. 300347
`Christian W. Conkle
`CA State Bar No. 306374
`Jonathan Ma
`CA State Bar No. 312773
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`Telephone: 310-826-7474
`Email: rmirzaie@raklaw.com
`Email: mfenster@raklaw.com
`Email: nrubin@raklaw.com
`Email: ahayden@raklaw.com
`Email: ptong@raklaw.com
`Email: cconkle@raklaw.com
`Email: jma@raklaw.com
`
`ATTORNEYS FOR PLAINTIFF
`COBBLESTONE WIRELESS, LLC
`
`
`
`
`6
`
`Cobblestone Wireless, LLC
`Ex. 2027, IPR2024-00315
`Page 6 of 7
`
`

`

`CERTIFICATE OF SERVICE
`
`I certify that this document is being served upon counsel of record for Defendant
`
`on September 28, 2023 via e-mail.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Reza Mirzaie
` Reza Mirzaie
`
`
`
`
`
`
`7
`
`Cobblestone Wireless, LLC
`Ex. 2027, IPR2024-00315
`Page 7 of 7
`
`