Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 1 of 24 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Civil Action No. 2:16-cv-993
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`PATENT CASE
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`JURY TRIAL DEMANDED
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`UNILOC USA, INC. and
`UNILOC LUXEMBOURG, S.A.,
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`Plaintiffs,
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`v.
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`ZTE (USA), INC. and
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`ZTE (TX), INC.,
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`Defendants.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs, Uniloc USA, Inc. and Uniloc Luxembourg, S.A. (together “Uniloc”), as and
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`for their complaint against defendants, ZTE (USA), Inc. and ZTE (TX), Inc. (together “ZTE”),
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`allege as follows:
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`THE PARTIES
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`1.
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`Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation having a principal place
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`of business at Legacy Town Center I, Suite 380, 7160 Dallas Parkway, Plano Texas 75024.
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`Uniloc also maintains a place of business at 102 N. College, Suite 603, Tyler, Texas 75702.
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`2.
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`Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a Luxembourg public limited
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`liability company having a principal place of business at 15, Rue Edward Steichen, 4th Floor, L-
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`2540, Luxembourg (R.C.S. Luxembourg B159161).
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`3.
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`Uniloc Luxembourg owns a number of patents in the field of text/voice instant
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`messaging.
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`06096768 
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` 
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`

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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 2 of 24 PageID #: 2
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`4.
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`Upon information and belief, ZTE (USA), Inc. is a New Jersey corporation
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`having a principal place of business at 2425 North Central Expressway, Suite 600, Richardson,
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`Texas 75080 and does business in Texas and in the judicial Eastern District of Texas. ZTE
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`(USA), Inc. may be served with process through its registered agent for service of process in
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`Texas: Jing Li, 2425 North Central Expressway, Suite 323, Richardson, Texas 75080.
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`5.
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`Upon information and belief, ZTE (TX), Inc. is a Texas corporation having a
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`principal place of business at 2500 Dallas Parkway, Plano, Texas 75093 and does business in
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`Texas and in the judicial Eastern District of Texas. ZTE (TX), Inc. may be served with process
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`through its registered agent for service of process in Texas: Ferguson, Braswell & Fraser, PC,
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`2500 Dallas Parkway, Suite 501, Plano, Texas 75093.
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`JURISDICTION AND VENUE
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`6.
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`Uniloc brings this action for patent infringement under the patent laws of the
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`United States, 35 U.S.C. § 271 et seq. This Court has subject matter jurisdiction pursuant to 28
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`U.S.C. §§ 1331, 1338(a) and 1367.
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`7.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
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`1400(b). Upon information and belief, ZTE is deemed to reside in this judicial district, has
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`committed acts of infringement in this judicial district, and/or has purposely transacted business
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`involving the accused products in this judicial district, including sales of the accused devices to
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`one or more customers in Texas.
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`8.
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`ZTE (USA), Inc. and ZTE (TX), Inc. are subject to this Court’s jurisdiction
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`pursuant to due process and/or the Texas Long Arm Statute due at least to their substantial
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`business in this State and judicial district, including: (A) at least part of their past infringing
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`activities, (B) regularly doing or soliciting business in Richardson and Plano, Texas,
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`2
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 3 of 24 PageID #: 3
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`respectively, and/or (C) engaging in persistent conduct and/or deriving substantial revenue from
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`goods, including the accused devices, and services provided to customers in Texas.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 8,724,622)
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`Uniloc incorporates paragraphs 1-8 above by reference.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 8,724,622
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`
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`9.
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`10.
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`(“the ’622 Patent”), entitled SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
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`that issued on May 13, 2014. A true and correct copy of the ’622 Patent is attached as Exhibit A
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`hereto.
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`11.
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`Uniloc USA is the exclusive licensee of the ’622 Patent with ownership of all
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`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
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`enforce, sue and recover past damages for the infringement thereof.
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`12.
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`Upon information and belief, the following identifies an exemplary ZTE Android
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`smartphone having instant voice messaging and/or instant video with audio messaging (“IVM”)
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`capability in a packet-switched network:
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` 
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`3
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`

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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 4 of 24 PageID #: 4
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`13.
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`Upon information and belief, the following illustrates, at least in part, an App info
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`screen of the ZTE Android IVM smartphone:
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`14.
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`Upon information and belief, the following describes, at least in part, an App info
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`screen of the ZTE Android IVM smartphone:
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`4
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 5 of 24 PageID #: 5
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`15.
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`Upon information and belief, the following illustrates, at least in part, an App info
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`screen of the ZTE Android IVM smartphone:
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`16.
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`Upon information and belief, the following illustrates, at least in part, a
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`Messaging screen of the ZTE Android IVM smartphone
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`5
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` 
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`

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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 6 of 24 PageID #: 6
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`17.
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`Upon information and belief, the following illustrates, at least in part, a New
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`message screen of the ZTE Android IVM smartphone:
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`18.
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`Upon information and belief, the following illustrates, at least in part, a screen of
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`the ZTE Android IVM smartphone:
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`6
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 7 of 24 PageID #: 7
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`19.
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`Upon information and belief, the following illustrates, at least in part, a Record
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`your message screen of the ZTE Android IVM smartphone:
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`20.
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`Upon information and belief, the following illustrates, at least in part, a Sound
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`Recorder message screen of the ZTE Android IVM smartphone:
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`7
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 8 of 24 PageID #: 8
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`21.
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`Upon information and belief, the following illustrates, at least in part, a message
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`forwarding notice screen of the ZTE Android IVM smartphone:
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`22.
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`Upon information and belief, the following illustrates, at least in part, a message
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`screen of the ZTE Android IVM smartphone:
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` 
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`8
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 9 of 24 PageID #: 9
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`23.
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`Upon information and belief, the following illustrates, at least in part, a message
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`screen of the ZTE Android IVM smartphone:
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`24.
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`Upon information and belief, the following illustrates, at least in part, a message
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`screen of the ZTE Android IVM smartphone:
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`25.
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`Upon information and belief, the following illustrates, at least in part, a message
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`screen of the ZTE Android IVM smartphone:
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` 
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`9
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 10 of 24 PageID #: 10
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`26.
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`Upon information and belief, the following illustrates, at least in part, an Add new
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`contact screen of the ZTE Android IVM smartphone:
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`27.
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`Upon information and belief, the following describes, at least in part, a Message
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`details screen of the ZTE Android IVM smartphone:
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`10
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 11 of 24 PageID #: 11
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`28.
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`Upon information and belief, the following describes, at least in part, a message
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`screen of the ZTE Android IVM smartphone:
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`29.
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`ZTE has directly infringed, and continues to directly infringe one or more claims
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`of the ’622 Patent in this judicial district and elsewhere in Texas, including at least claims 3, 4,
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`6-8, 10-19, 21, 23-35, and 38 literally and/or under the doctrine of equivalents, by or through
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`making, using, importing, offering for sale and/or selling numerous versions of the ZTE Android
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` 
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`11
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`

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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 12 of 24 PageID #: 12
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`IVM smartphones (together “ZTE Android IVM smartphones”) during the pendency of the ’622
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`Patent which devices and associated servers perform instant voice messaging over Wi-Fi and the
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`Internet between persons using cellphones and/or other devices capable of instant voice
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`messaging; wherein digitized audio files are transmitted between a plurality of recipients on a
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`packet switched network and a list of one or more currently potential recipients is displayed on
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`the device. Upon information and belief, the additional Android devices identified in Exhibit E
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`also provide such functionality and, thereby, infringe as set forth in this Count.
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`30.
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`In addition, should the ZTE Android IVM smartphones be found to not literally
`
`infringe the asserted claims of the ’622 Patent, the ZTE Android IVM smartphones would
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`nevertheless infringe the asserted claims of the ’622 Patent. More specifically, the accused
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`smartphones perform substantially the same function (instant voice messaging), in substantially
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`the same way (via a digitized audio files in a client/server environment), to yield substantially the
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`same result (delivering voice messages to available intended recipients). ZTE would thus be
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`liable for direct infringement under the doctrine of equivalents.
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`31.
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`ZTE has indirectly infringed and continues to indirectly infringe at least claims 3,
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`4, 6-8, 10-19, 21, 23-35, and 38 of the ’622 Patent in this judicial district and elsewhere in the
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`United States by, among other things, actively inducing the using, offering for sale, selling, or
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`importing the ZTE Android IVM smartphones. ZTE’s customers who purchase the ZTE
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`Android IVM smartphones and operate such devices in accordance with ZTE’s instructions
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`directly infringe one or more of the foregoing claims of the ’622 Patent in violation of 35 U.S.C.
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`§ 271. ZTE directly and/or indirectly instructs its customers through training videos,
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`demonstrations, brochures, installation and/or user guides, such as those located at the following:
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`www.zteusa.com
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` 
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`12
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 13 of 24 PageID #: 13
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`www.ztedevice.com/support
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`www.youtube.com
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`ZTE is thereby liable for infringement of the ’622 Patent under 35 U.S.C. § 271(b).
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`32.
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`ZTE has indirectly infringed and continues to indirectly infringe at least claims 3,
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`4, 6-8, 10-19, 21, 23-35, and 38 of the ’622 Patent in this judicial district and elsewhere in the
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`United States by, among other things, contributing to the direct infringement by others including,
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`without limitation customers using the ZTE Android IVM smartphones, by making, offering to
`
`sell, selling and/or importing into the United States, a component of a patented machine,
`
`manufacture or combination, or an apparatus for use in practicing a patented process,
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`constituting a material part of the invention, knowing the same to be especially made or
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`especially adapted for use in infringing the ’622 Patent and not a staple article or commodity of
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`commerce suitable for substantial non-infringing use.
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`33.
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`For example, the ZTE Android IVM smartphones are components of a patented
`
`machine, manufacture, or combination, or an apparatus for use in practicing a patent process.
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`Furthermore, the ZTE Android IVM smartphones are material parts of the claimed inventions
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`and upon information and belief are not a staple article or commodity of commerce suitable for
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`substantial non-infringing use. ZTE is, therefore, liable for infringement under 35 U.S.C. §
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`271(c).
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`34.
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`ZTE will have been on notice of the ’622 Patent since, at the latest, the service of
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`this complaint upon ZTE. By the time of trial, ZTE will have known and intended (since
`
`receiving such notice) that its continued actions would actively induce, and contribute to, the
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`infringement of one or more of claims 3, 4, 6-8, 10-19, 21, 23-35, and 38 of the ’622 Patent.
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` 
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`13
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 14 of 24 PageID #: 14
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`35.
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`ZTE may have infringed the ’622 Patent through other devices utilizing the same
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`or reasonably similar functionality, including other versions of the ZTE Android IVM
`
`smartphones. Uniloc reserves the right to discover and pursue all such additional infringing
`
`software/devices.
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`36.
`
`Uniloc has been damaged, reparably and irreparably, by ZTE’s infringement of
`
`the ’622 Patent and such damage will continue unless and until ZTE is enjoined.
`
`COUNT II
`(INFRINGEMENT OF U.S. PATENT NO. 8,995,433)
`
`Uniloc incorporates paragraphs 1-36 above by reference.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 8,995,433
`
`
`
`37.
`
`38.
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`(“the ’433 Patent”), entitled SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
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`that issued on March 31, 2015. A true and correct copy of the ’433 Patent is attached as Exhibit
`
`B hereto.
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`39.
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`Uniloc USA is the exclusive licensee of the ’433 Patent with ownership of all
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`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
`
`enforce, sue and recover past damages for the infringement thereof.
`
`40.
`
`ZTE has directly infringed, and continues to directly infringe one or more claims
`
`of the ’433 Patent in this judicial district and elsewhere in Texas, including at least claims 1-5, 8-
`
`9, 11-12, 14-17, 25 and 26 literally and/or under the doctrine of equivalents, by or through
`
`making, using, importing, offering for sale and/or selling the ZTE Android IVM smartphones
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`during the pendency of the ’433 Patent which devices and associated servers perform instant
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`voice messaging over Wi-Fi and the Internet between persons using cellphones and/or other
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`devices capable of instant voice messaging; wherein a list of one or more potential recipients is
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`displayed on the device, the instant messages are temporarily stored using a unique identifier,
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`14
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 15 of 24 PageID #: 15
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`and a file manager stores, retrieves and/or deletes the messages in response to the users request.
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`Upon information and belief, the additional Android devices identified in Exhibit E also provide
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`such functionality and, thereby, infringe as set forth in this Count.
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`41.
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`In addition, should the ZTE Android IVM smartphones be found to not literally
`
`infringe the asserted claims of the ’433 Patent, the ZTE Android IVM smartphones would
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`nevertheless infringe the asserted claims of the ’433 Patent. More specifically, the accused ZTE
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`Android IVM smartphones perform substantially the same function (instant voice messaging), in
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`substantially the same way (identifying potentially available recipients, storing messages using
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`unique identifiers and a file manager for storing, retrieving and/or deleting the messages), to
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`yield substantially the same result (delivering voice messages to available intended recipients
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`and wherein the messages may be stored, retrieved and/or deleted). ZTE would thus be liable for
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`direct infringement under the doctrine of equivalents.
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`42.
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`ZTE has indirectly infringed and continues to indirectly infringe at least claims 1-
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`5, 8-9, 11-12, 14-17, 25 and 26 of the ‘433 Patent in this judicial district and elsewhere in the
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`United States by, among other things, actively inducing the using, offering for sale, selling, or
`
`importing the ZTE Android IVM smartphones. ZTE’s customers who purchase the ZTE
`
`Android IVM smartphones and operate the devices in accordance with ZTE’s instructions
`
`directly infringe one or more of the foregoing claims of the ’433 Patent in violation of 35 U.S.C.
`
`§ 271. ZTE directly and/or indirectly instructs its customers through training videos,
`
`demonstrations, brochures, installation and/or user guides, such as those located at the following:
`
`www.zteusa.com
`
`www.ztedevice.com/support
`
`www.youtube.com
`
`
`
` 
`
`15
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`

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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 16 of 24 PageID #: 16
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`ZTE is thereby liable for infringement of the ‘433 Patent under 35 U.S.C. § 271(b).
`
`43.
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`ZTE has indirectly infringed and continues to indirectly infringe at least claims 1-
`
`5, 8-9, 11-12, 14-17, 25 and 26 of the ‘433 Patent in this judicial district and elsewhere in the
`
`United States by, among other things, contributing to the direct infringement by others including,
`
`without limitation customers using the ZTE Android IVM smartphones, by making, offering to
`
`sell, selling and/or importing into the United States, a component of a patented machine,
`
`manufacture or combination, or an apparatus for use in practicing a patented process,
`
`constituting a material part of the invention, knowing the same to be especially made or
`
`especially adapted for use in infringing the ’433 Patent and not a staple article or commodity of
`
`commerce suitable for substantial non-infringing use.
`
`44.
`
`For example, the ZTE Android IVM smartphones are components of a patented
`
`machine, manufacture, or combination, or an apparatus for use in practicing a patent process.
`
`Furthermore, the ZTE Android IVM smartphones are material parts of the claimed inventions
`
`and upon information and belief are not a staple article or commodity of commerce suitable for
`
`substantial non-infringing use. ZTE is, therefore, liable for infringement under 35 U.S.C. §
`
`271(c).
`
`45.
`
`ZTE will have been on notice of the ‘433 Patent since, at the latest, the service of
`
`this complaint upon ZTE. By the time of trial, ZTE will have known and intended (since
`
`receiving such notice) that its continued actions would actively induce, and contribute to, the
`
`infringement of one or more of claims 1-5, 8-9, 11-12, 14-17, 25 and 26 of the ‘433 Patent.
`
`46.
`
`ZTE may have infringed the ’433 Patent through other devices utilizing the same
`
`or reasonably similar functionality, including other versions of the ZTE Android IVM
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` 
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`16
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 17 of 24 PageID #: 17
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`smartphones. Uniloc reserves the right to discover and pursue all such additional infringing
`
`software/devices.
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`47.
`
`Uniloc has been damaged, reparably and irreparably, by ZTE’s infringement of
`
`the ’433 Patent and such damage will continue unless and until ZTE is enjoined.
`
`COUNT III
` (INFRINGEMENT OF U.S. PATENT NO. 7,535,890)
`
`Uniloc incorporates paragraphs 1-47 above by reference.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 7,535,890
`
`
`
`48.
`
`49.
`
`(“the ’890 Patent”), entitled SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
`
`that issued on May 19, 2009. A true and correct copy of the ’890 Patent is attached as Exhibit C
`
`hereto.
`
`50.
`
`Uniloc USA is the exclusive licensee of the ’890 Patent with ownership of all
`
`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
`
`enforce, sue and recover past damages for the infringement thereof.
`
`51.
`
`ZTE has directly infringed, and continues to directly infringe one or more claims
`
`of the ’890 Patent in this judicial district and elsewhere in Texas, including at least claims 1-3, 5-
`
`6, 9, 14, 17. 19, 20, 23, 40, 42, 43, 51, 53, 54, and 57 literally and/or under the doctrine of
`
`equivalents, by or through making, using, importing, offering for sale and/or selling the ZTE
`
`Android IVM smartphones during the pendency of the ’890 Patent which devices and associated
`
`servers perform instant voice messaging over Wi-Fi and the Internet between persons using
`
`cellphones and/or other devices capable of instant voice messaging; wherein the instant messages
`
`are temporarily stored if an intended message recipient is unavailable and thereafter delivered
`
`once the intend recipient becomes available. Upon information and belief, the additional
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`17
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 18 of 24 PageID #: 18
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`Android devices identified in Exhibit E also provide such functionality and, thereby, infringe as
`
`set forth in this Count.
`
`52.
`
`In addition, should the ZTE Android IVM smartphones be found to not literally
`
`infringe the asserted claims of the ’890 Patent, the ZTE Android IVM smartphones would
`
`nevertheless infringe the asserted claims of the ’890 Patent. More specifically, the accused ZTE
`
`Android IVM smartphones perform substantially the same function (instant voice messaging), in
`
`substantially the same way (via a client/server environment), to yield substantially the same
`
`result (delivering voice messages to available intended recipients). ZTE would thus be liable for
`
`direct infringement under the doctrine of equivalents.
`
`53.
`
`ZTE has indirectly infringed and continues to indirectly infringe at least claims 1-
`
`3, 5-6, 9, 14, 17. 19, 20, 23, 40, 42, 43, 51, 53, 54, and 57 of the ’890 Patent in this judicial
`
`district and elsewhere in the United States by, among other things, actively inducing the using,
`
`offering for sale, selling, or importing the ZTE Android IVM smartphones. ZTE’s customers
`
`who purchase the ZTE Android IVM smartphones and operate such devices in accordance with
`
`ZTE’s instructions directly infringe one or more of the foregoing claims of the ’890 Patent in
`
`violation of 35 U.S.C. § 271. ZTE directly and/or indirectly instructs its customers through
`
`training videos, demonstrations, brochures, installation and/or user guides, such as those located
`
`at the following:
`
`www.zteusa.com
`
`www.ztedevice.com/support
`
`www.youtube.com
`
`ZTE is thereby liable for infringement of the ’890 Patent under 35 U.S.C. § 271(b).
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` 
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`18
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 19 of 24 PageID #: 19
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`54.
`
`ZTE has indirectly infringed and continues to indirectly infringe at least claims 1-
`
`3, 5-6, 9, 14, 17. 19, 20, 23, 40, 42, 43, 51, 53, 54, and 57 of the ’890 Patent in this judicial
`
`district and elsewhere in the United States by, among other things, contributing to the direct
`
`infringement by others including, without limitation customers using the ZTE Android IVM
`
`smartphones, by making, offering to sell, selling and/or importing into the United States, a
`
`component of a patented machine, manufacture or combination, or an apparatus for use in
`
`practicing a patented process, constituting a material part of the invention, knowing the same to
`
`be especially made or especially adapted for use in infringing the ’890 Patent and not a staple
`
`article or commodity of commerce suitable for substantial non-infringing use.
`
`55.
`
`For example, the ZTE Android IVM smartphones are components of a patented
`
`machine, manufacture, or combination, or an apparatus for use in practicing a patent process.
`
`Furthermore, the ZTE Android IVM smartphones are material parts of the claimed inventions
`
`and upon information and belief are not a staple article or commodity of commerce suitable for
`
`substantial non-infringing use. ZTE is, therefore, liable for infringement under 35 U.S.C. §
`
`271(c).
`
`56.
`
`ZTE will have been on notice of the ’890 Patent since, at the latest, the service of
`
`this complaint upon ZTE. By the time of trial, ZTE will have known and intended (since
`
`receiving such notice) that its continued actions would actively induce, and contribute to, the
`
`infringement of one or more of claims 1-3, 5-6, 9, 14, 17. 19, 20, 23, 40, 42, 43, 51, 53, 54, and
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`57 of the ’890 Patent.
`
`57.
`
`ZTE may have infringed the ’890 Patent through other devices utilizing the same
`
`or reasonably similar functionality, including other versions of the ZTE Android IVM
`
` 
`
`19
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`

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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 20 of 24 PageID #: 20
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`smartphones. Uniloc reserves the right to discover and pursue all such additional infringing
`
`software/devices.
`
`58.
`
`Uniloc has been damaged, reparably and irreparably, by ZTE’s infringement of
`
`the ’890 Patent and such damage will continue unless and until ZTE is enjoined.
`
`COUNT IV
`(INFRINGEMENT OF U.S. PATENT NO. 8,199,747)
`
`Uniloc incorporates paragraphs 1-58 above by reference.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 8,199,747
`
`
`
`59.
`
`60.
`
`(“the ’747 Patent”), entitled SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
`
`that issued on June 12, 2012. A true and correct copy of the ’747 Patent is attached as Exhibit D
`
`hereto.
`
`61.
`
`Uniloc USA is the exclusive licensee of the ’747 Patent with ownership of all
`
`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
`
`enforce, sue and recover past damages for the infringement thereof.
`
`62.
`
`ZTE has directly infringed, and continues to directly infringe one or more claims
`
`of the ’747 Patent in this judicial district and elsewhere in Texas, including at least claims 1 and
`
`13 literally and/or under the doctrine of equivalents, by or through making, using, importing,
`
`offering for sale and/or selling the ZTE Android IVM smartphones during the pendency of the
`
`’747 Patent which devices and associated servers perform instant voice messaging over Wi-Fi
`
`and the Internet between persons using cellphones and/or other devices capable of instant voice
`
`messaging; wherein the instant message audio file is generated and one or more files attached
`
`thereto and transmitting the files to available recipients and temporarily storing the message if an
`
`intended recipient is unavailable and thereafter delivered once the intend recipient becomes
`
` 
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`20
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 21 of 24 PageID #: 21
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`available. Upon information and belief, the additional Android devices identified in Exhibit E
`
`also provide such functionality and, thereby, infringe as set forth in this Count.
`
`63.
`
`In addition, should the ZTE Android IVM smartphones be found to not literally
`
`infringe the asserted claims of the ’747 Patent, the ZTE Android IVM smartphones would
`
`nevertheless infringe the asserted claims of the ’747 Patent. More specifically, the accused ZTE
`
`Android IVM smartphones perform substantially the same function (instant voice messaging), in
`
`substantially the same way (recording and transmitting a message to be audibly played by one or
`
`more recipients and temporarily storing messages for a recipient who is unavailable), to yield
`
`substantially the same result (delivering voice messages with attached file(s) to available
`
`intended recipients). ZTE would thus be liable for direct infringement under the doctrine of
`
`equivalents.
`
`64.
`
`ZTE has indirectly infringed and continues to indirectly infringe at least claims 1
`
`and 13 of the ’747 Patent in this judicial district and elsewhere in the United States by, among
`
`other things, actively inducing the using, offering for sale, selling, or importing the ZTE Android
`
`IVM smartphones. ZTE’s customers who purchase the ZTE Android IVM smartphones and
`
`operate such devices in accordance with ZTE’s instructions directly infringe one or more of the
`
`foregoing claims of the ’747 Patent in violation of 35 U.S.C. § 271. ZTE directly and/or
`
`indirectly instructs its customers through training videos, demonstrations, brochures, installation
`
`and/or user guides, such as those located at the following:
`
`www.zteusa.com
`
`www.ztedevice.com/support
`
`www.youtube.com
`
`ZTE is thereby liable for infringement of the ’747 Patent under 35 U.S.C. § 271(b).
`
` 
`
`21
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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 22 of 24 PageID #: 22
`
`65.
`
`ZTE has indirectly infringed and continues to indirectly infringe at least claims 1
`
`and 13 of the ’747 Patent in this judicial district and elsewhere in the United States by, among
`
`other things, contributing to the direct infringement by others including, without limitation
`
`customers using the ZTE Android IVM smartphones, by making, offering to sell, selling and/or
`
`importing into the United States, a component of a patented machine, manufacture or
`
`combination, or an apparatus for use in practicing a patented process, constituting a material part
`
`of the invention, knowing the same to be especially made or especially adapted for use in
`
`infringing the ’747 Patent and not a staple article or commodity of commerce suitable for
`
`substantial non-infringing use.
`
`66.
`
`For example, the ZTE Android IVM smartphones are components of a patented
`
`machine, manufacture, or combination, or an apparatus for use in practicing a patent process.
`
`Furthermore, the ZTE Android IVM smartphones are material parts of the claimed inventions
`
`and upon information and belief are not a staple article or commodity of commerce suitable for
`
`substantial non-infringing use. ZTE is, therefore, liable for infringement under 35 U.S.C. §
`
`271(c).
`
`67.
`
`ZTE will have been on notice of the ’747 Patent since, at the latest, the service of
`
`this complaint upon ZTE. By the time of trial, ZTE will have known and intended (since
`
`receiving such notice) that its continued actions would actively induce, and contribute to, the
`
`infringement of one or more of claims 1 and 13 of the ’747 Patent.
`
`68.
`
`ZTE may have infringed the ’747 Patent through other devices utilizing the same
`
`or reasonably similar functionality, including other versions of the ZTE Android IVM
`
`smartphones. Uniloc reserves the right to discover and pursue all such additional infringing
`
`software/devices.
`
` 
`
`22
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`

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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 23 of 24 PageID #: 23
`
`69.
`
`Uniloc has been damaged, reparably and irreparably, by ZTE’s infringement of
`
`the ’747 Patent and such damage will continue unless and until ZTE is enjoined.
`
`PRAYER FOR RELIEF
`
`
`
`
`
`Uniloc requests that the Court enter judgment against ZTE as follows:
`
`(A)
`
`that ZTE has infringed the ’622 Patent, the ’433 Patent, the ’890 Patent and the
`
`’747 Patent;
`
`
`
`(B)
`
`awarding Uniloc its damages suffered as a result of ZTE’s infringement of the
`
`’622 Patent, the ’433 Patent, the ’890 Patent and the ’747 Patent pursuant to 35 U.S.C. § 284;
`
`
`
`(C)
`
`enjoining ZTE, its officers, directors, agents, servants, affiliates, employees,
`
`divisions, branches, subsidiaries and parents, and all others acting in concert or privity with it
`
`from infringing ’622 Patent, the ’433 Patent, the ’890 Patent and the ’747 Patent pursuant to 35
`
`U.S.C. § 283;
`
`
`
`
`
`(D)
`
`(E)
`
`proper.
`
`awarding Uniloc its costs, attorneys’ fees, expenses and interest, and
`
`granting Uniloc such other and further relief as the Court may deem just and
`
`DEMAND FOR JURY TRIAL
`
`Uniloc hereby demands trial by jury on all issues so triable pursuant to Fed. R. Civ. P. 38.
`
`
`
`23
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` 
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`

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`Case 2:16-cv-00993-JRG Document 1 Filed 09/06/16 Page 24 of 24 PageID #: 24
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`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
` /s/ Craig Tadlock
`Craig Tadlock
`Texas State Bar No. 00791766
`TADLOCK LAW FIRM PLLC
`2701 Dallas Parkway, Suite 360
`Plano, TX 75093
`Tel: (903) 730-6789
`Email: craig@tadlocklawfirm.com
`
`Paul J. Hayes
`Kevin Gannon
`CESARI AND MCKENNA, LLP
`88 Black Falcon Ave
`Suite 271
`Boston, MA 02110
`Telephone: (617) 951-2500
`Facsimile: (617) 951-3927
`Email: pjh@c-m.com
`Email: kgannon@c-m.com
`
`
`
`
`
`ATTORNEYS FOR THE PLAINTIFFS
`
`24
`
`Dated: September 6, 2016
`
`
`
`
`
` 
`
`