IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISON
`
`Plaintiff,
`
`Civil Action No. 4:23-cv-750
`
`STELLAR, LLC,
`
`v.
`
`MOTOROLA SOLUTIONS, INC. and
`WATCHGUARD VIDEO, INC.
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`DISCLOSURE OF AMENDED INFRINGEMENT CONTENTIONS
`PURSUANT TO P.R. 3-1 AND 3-2
`
`Pursuant to P.R. 3-1 and 3-2 Plaintiff Stellar, LLC (“Stellar”) hereby provides its
`
`Disclosure of Asserted Claims and Preliminary Infringement Contentions concerning Defendants
`
`Motorola Solutions, Inc. and Watchguard Video, Inc. (“Defendants”). Stellar’s disclosures are
`
`based on publicly available and/or publicly discernable materials regarding the accused
`
`instrumentalities that describe or discuss aspects of the operation of the instrumentalities. To
`
`date, Stellar has not had the benefit of discovery of Defendants’ materials, and certain
`
`information is not yet available to Stellar that may be specifically relevant to its infringement
`
`claims. Stellar reserves the right to supplement or alter its disclosures herein—including to
`
`supplement its infringement contentions pursuant to P.R. 3-6—based on additional information
`
`obtained through further investigation, discovery, claim construction, expert analysis, or any
`
`position taken by Defendants.
`
`I.
`
`DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY
`INFRINGEMENT CONTENTIONS
`
`A.
`
`Infringed Claims
`
`
`
`Page 1 of 5
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISON
`
`Plaintiff,
`
`Civil Action No. 4:23-cv-750
`
`STELLAR, LLC,
`
`v.
`
`MOTOROLA SOLUTIONS, INC. and
`WATCHGUARD VIDEO, INC.
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`DISCLOSURE OF AMENDED INFRINGEMENT CONTENTIONS
`PURSUANT TO P.R. 3-1 AND 3-2
`
`Pursuant to P.R. 3-1 and 3-2 Plaintiff Stellar, LLC (“Stellar”) hereby provides its
`
`Disclosure of Asserted Claims and Preliminary Infringement Contentions concerning Defendants
`
`Motorola Solutions, Inc. and Watchguard Video, Inc. (“Defendants”). Stellar’s disclosures are
`
`based on publicly available and/or publicly discernable materials regarding the accused
`
`instrumentalities that describe or discuss aspects of the operation of the instrumentalities. To
`
`date, Stellar has not had the benefit of discovery of Defendants’ materials, and certain
`
`information is not yet available to Stellar that may be specifically relevant to its infringement
`
`claims. Stellar reserves the right to supplement or alter its disclosures herein—including to
`
`supplement its infringement contentions pursuant to P.R. 3-6—based on additional information
`
`obtained through further investigation, discovery, claim construction, expert analysis, or any
`
`position taken by Defendants.
`
`I.
`
`DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY
`INFRINGEMENT CONTENTIONS
`
`A.
`
`Infringed Claims
`
`
`
`Page 1 of 5
`
`
`
`Subject to ongoing discovery and investigation, Stellar contends that Defendants infringe
`
`the following claims of United States Patent Nos. 7,593,034 (“the ’034 patent”), 8,310,540 (“the
`
`’540 patent”), 8,692,882 (“the ’882 patent”), 8,928,752 (“the ’752 patent”), 9,485,471 (“the ’471
`
`patent”), 9,912,914 (“the ’914 patent”), 10,523,901 (“the ’901 patent”), and 10,965,910 (“the
`
`’910 patent”) (collectively the “Asserted Patents”) under 35 U.S.C. § 271(a) by making, using,
`
`offering to sell, and/or selling in the United States and/or importing into the United States, the
`
`Accused Instrumentalities set forth in Section B below. Subject to ongoing discovery and
`
`investigation, Stellar also contends that Defendants induce infringement of the following claims
`
`of the Asserted Patents under 35 U.S.C. § 271(b) by, among other things, and with specific intent
`
`or willful blindness, actively aiding and abetting others to infringe, including but not limited to
`
`MSI’s partners and customers, whose use of the Accused Instrumentalities constitutes direct
`
`infringement of one or more claims of the Asserted Patents. Subject to ongoing discovery and
`
`investigation, Stellar also contends that Defendants infringe the following claims of the Asserted
`
`Patents under 35 U.S.C. § 271(c) by offering to sell, selling and importing into the United States
`
`in-car video systems to be especially made or adapted for use in an infringement of the Asserted
`
`Patents. The Accused Instrumentalities, set forth in Section B below, are material components
`
`for use in practicing the Asserted Patents and are specifically made and are not a staple article of
`
`commerce suitable for substantial non-infringing use.
`
`U.S. Patent No.
`
`Claims Infringed by Defendants
`
`7,593,034
`
`1, 7 and 12
`
`8,310,540
`
`1
`
`8,692,882
`
`12, 21, and 22
`
`8,928,752
`
`1
`
`9,485,471
`
`1, 2, and 3
`
`9,912,914
`
`1
`
`
`
`Page 2 of 5
`
`
`
`10,523,901
`
`10,965,910
`
`1
`
`1
`
`
`
`Stellar reserves the right to amend and/or supplement its identification of asserted claims
`
`based upon additional information as set forth above.
`
`B.
`
`Accused Instrumentalities
`
`Subject to ongoing discovery and investigation, and based upon information presently
`
`available to it, for each of the Asserted Patents listed above, Stellar asserts infringement against
`
`the following instrumentalities: WatchGuard 4RE In-Car Video System, Watchguard Vista,
`
`Watchguard Vista XLT, Watchguard Vista WiFi, V700 Body-Worn Camera and V700 LTE
`
`Body Camera (“V700”), V300 Body Camera, and VB400 Body-Worn-Camera (the “Infringing
`
`Instrumentalities”).
`
`Stellar reserves the right to amend and/or supplement its identification of infringing
`
`products based upon additional information as set forth above.
`
`C.
`
`Claim Charts for Literal Infringement
`
`Subject to ongoing discovery and investigation, and based upon information presently
`
`available to it, Stellar hereby contends that each element of each infringed claim is found within
`
`each Accused Instrumentality as shown in preliminary infringement claim charts attached hereto
`
`as Exhibits A through H.
`
`Stellar reserves the right to amend its asserted claims and infringement contentions
`
`pursuant to P.R. 3-6 as discovery progresses and additional information is gathered.
`
`D.
`
`Doctrine of Equivalents
`
`Subject to ongoing discovery and investigation, and based on available information
`
`obtained to date, Stellar hereby contends that, except where it is indicated otherwise, each
`
`
`
`Page 3 of 5
`
`
`
`element of each asserted claim is literally present in each of the Accused Instrumentalities as
`
`specifically shown in Exhibits A through H.
`
`To the extent that certain elements of the asserted claims are not literally present in each
`
`of the Accused Instrumentalities, at this time, Stellar contends that each element of the asserted
`
`claims are met by the Accused Instrumentalities under the Doctrine of Equivalents.
`
`As indicated above, discovery is necessary to further develop Stellar’s infringement
`
`positions—either literal or under the Doctrine of Equivalents, and the Court has yet to issue a
`
`claim construction order. Pursuant to P.R. 3-6, Stellar expressly reserves the right to amend and
`
`supplement its position on whether there is infringement under the Doctrine of Equivalents of
`
`any elements of any asserted claims after further discovery from Defendants and/or pending this
`
`Court’s claim construction order.
`
`E.
`
`Priority Claim to an Earlier Application
`
`Stellar is currently relying upon the earliest priority date for each patent in the Asserted
`
`Patents. See Hyatt v. Boone, 146 F.3d 1348, 1352 (Fed. Cir. 1998). Accordingly, Stellar
`
`provides the following priority date for each patent:
`
`U.S. Patent No.
`
`Priority Date
`
`7,593,034
`
`June 29, 2007
`
`8,310,540
`
`June 29, 2007
`
`8,692,882
`
`June 29, 2007
`
`8,928,752
`
`August 28, 2007
`
`9,485,471
`
`June 29, 2007
`
`9,912,914
`
`June 29, 2007
`
`10,523,901
`
`June 29, 2007
`
`10,965,910
`
`June 29, 2007
`
`
`
`
`
`F.
`
`Practice of the Claimed Invention
`
`Page 4 of 5
`
`
`
`Stellar does not intend to rely upon the assertion that its own instrumentalities practice
`
`the claimed inventions.
`
`Dated: February 7, 2024
`
`
`
`
`DEVLIN LAW FIRM, LLC
`
`
`
`/s/ Robert Kiddie
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`Jim Lennon
`jlennon@devlinlawfirm.com
`Robert Kiddie
`rkiddie@devlinlawfirm.com
`1526 Gilpin Avenue
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Attorneys for Plaintiff
`Stellar, LLC
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that counsel of record who are deemed to have
`consented to electronic service are being served with a copy of Plaintiff’s PR 3-1 and 3-2
`Disclosures, via electronic mail on February 7, 2024.
`
`
`/s/Robert Kiddie
`Robert Kiddie
`
`
`
`
`
`
`
`
`
`
`
`
`
`Page 5 of 5
`
`
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