Case 2:17-cv-00140-RWS-RSP Document 41-2 Filed 10/12/17 Page 1 of 6 PageID #: 774
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`Exhibit A
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`Case 2:17-cv-00140-RWS-RSP Document 41-2 Filed 10/12/17 Page 2 of 6 PageID #: 775
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CYWEE GROUP LTD.,
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`Plaintiff,
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`SAMSUNG ELECTRONICS CO., LTD.
`AND
`SAMSUNG ELECTRONICS AMERICA,
`INC.
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`Defendants.
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` CASE NO. 2:17-cv-00140-RWS-RSP
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S P.R. 3-1 & 3-2 DISCLOSURES
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`Plaintiff CyWee Group Ltd. (“CyWee”) serves its Preliminary Infringement
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`Contentions on Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.
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`(collectively “Samsung”) regarding U.S. Patent Nos. 8,441,438 and 8,552,978.
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`No discovery or claim construction has taken place yet in this case. As a result, CyWee
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`reserves the right to amend its contentions after claim construction and discovery has taken
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`place as allowed by the patent local rules.
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`I. P.R. 3-1 DISCLOSURES
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`A.
`Each claim of each patent in suit that is allegedly infringed by each
`opposing party.
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`Samsung infringes claims 1, 3, 4, 5, 14, 15, 16, 17, 19 of U.S. Patent No. 8,441,438
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`(the “’438 patent”).
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`Samsung infringes claims 10 and 12 of U.S. Patent No. 8,552,978 (the “’978
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`patent”).
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`1
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`Case 2:17-cv-00140-RWS-RSP Document 41-2 Filed 10/12/17 Page 3 of 6 PageID #: 776
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`B. Separately for each asserted claim, each accused apparatus, product, device,
`process, method, act, or other instrumentality (“Accused Instrumentality”) of each
`opposing party of which the party is aware. This identification shall be as specific as
`possible. Each product, device, and apparatus must be identified by name or model
`number, if known. Each method or process must be identified by name, if known, or by
`any product, device, or apparatus which, when used, allegedly results in the practice of
`the claimed method or process.
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`1. The ’438 Patent
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`Each of the following accused products infringes each asserted claim of the ’438
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`patent: Samsung phones and tablets, which run a version of the Android operating system
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`and include a 3-axis accelerometer and 3-axis gyroscope and/or a 6-axis
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`accelerometer/gyroscope sensor module, released in the United States concurrently with or
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`after the release of the Galaxy S6 including the Galaxy S6, Galaxy S6 Edge, Galaxy S6
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`Edge+, Galaxy S6 Active, Galaxy S7, Galaxy S7 Edge, Galaxy S7 Active, Galaxy Note5,
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`Galaxy Tab S2 8.0, Galaxy Tab S2 9.7, Galaxy Note 7, Galaxy Tab S3 9.7, Galaxy J3
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`Emerge, Galaxy S8, and Galaxy S8+.
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`2. The ’978 Patent
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`Each of the following accused products infringes each asserted claim of the ’978
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`patent: Samsung phones and tablets, which run a version of the Android operating system
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`and include a 3-axis accelerometer, 3-axis gyroscope, and 3-axis magnetometer and/or a
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`combination of any of the previous elements (such as a 6-axis or 9-axis sensor module) such
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`that the device is operable to detect 3-axis acceleration, 3-axis rotation, and 3-axis
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`magnetism, released in the United States concurrently with or after the release of the Galaxy
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`S6 including the Galaxy S6, Galaxy S6 Edge, Galaxy S6 Edge+, Galaxy S6 Active, Galaxy S7,
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`Galaxy S7 Edge, Galaxy S7 Active, Galaxy Note5, Galaxy Tab S2 8.0, Galaxy Tab S2 9.7,
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`Galaxy Note 7, Galaxy Tab S3 9.7, Galaxy J3 Emerge, Galaxy S8, and Galaxy S8+.
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`2
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`Case 2:17-cv-00140-RWS-RSP Document 41-2 Filed 10/12/17 Page 4 of 6 PageID #: 777
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`C. A chart identifying specifically where each element of each asserted claim is
`found within each Accused Instrumentality, including for each element that such party
`contends is governed by 35 U.S.C. 112(6), the identity of the structure(s), act(s), or
`material(s) in the Accused Instrumentality that performs the claimed function.
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`Claim charts are provided as Exhibits 1 through 28. Each claim chart is an exemplar
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`of how all Samsung devices manufactured using the same or similar technology infringes
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`each asserted claim. Nothing in these claim charts is intended to prevent CyWee from
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`presenting additional evidence of infringement at trial.
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`D. Whether each element of each asserted claim is claimed to be literally present
`or present under the doctrine of equivalents in the Accused Instrumentality.
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`CyWee contends that each asserted claim is literally infringed by Samsung’s accused
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`products, as indicated by the claim charts referenced above. In the alternative, CyWee
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`contends that any asserted claim not found to be literally infringed is infringed under the
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`doctrine of equivalents.
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`E. For any patent that claims priority to an earlier application, the priority date to
`which each asserted claim allegedly is entitled.
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`CyWee alleges that all asserted claims of the ’438 patent and claims 10 and 12 of the
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`’978 patent are entitled to a priority date as of January 6, 2010, based on the date of
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`provisional application no. 61/292,558. But CyWee further alleges that those claims are
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`entitled to an earlier priority date based on work related to the JIL Phone prototype. More
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`specifically, CyWee alleges that all asserted claims of the ’438 patent are entitled to a
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`priority date of July 29, 2009. CyWee further alleges that claims 10 and 12 of the ’978 patent
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`are entitled to a priority date of September 25, 2009.
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`F. If a party claiming patent infringement wishes to preserve the right to rely, for
`any purpose, on the assertion that its own apparatus, product, device, process, method,
`act, or other instrumentality practices the claimed invention, the party must identify,
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`3
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`Case 2:17-cv-00140-RWS-RSP Document 41-2 Filed 10/12/17 Page 5 of 6 PageID #: 778
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`separately for each asserted claim, each such apparatus, product, device, process,
`method, act, or other instrumentality that incorporates or reflects that particular claim.
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`CyWee alleges that the JIL Phone prototype practices all asserted claims of the
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`patents-in-suit.
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`II.
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`P.R. 3-2 DISCLOSURES
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`A. Documents (e.g., contracts, purchase orders, invoices, advertisements,
`marketing materials, offer letters, beta site testing agreements, and third party or joint
`development agreements) sufficient to evidence each discussion with, disclosure to, or
`other manner of providing to a third party, or sale of or offer to sell, the claimed
`invention prior to the date of application for the patent in suit. A party’s production of a
`document as required herein shall not constitute an admission that such document
`evidences or is prior art under 35 U.S.C.§ 102.
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`Documents that may be responsive to 3-2(a) are located at document numbers
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`CyWee_Samsung 000608-626.
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`B. All documents evidencing the conception, reduction to practice, design, and
`development of each claimed invention, which were created on or before the date of
`application for the patent in suit or the priority date identified pursuant to P. R. 3-1(e),
`whichever is earlier.
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`Documents that may be responsive to 3-2(b) are located at document numbers
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`CyWee_Samsung 000001-167 and CyWee Samsung 000606-607.
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`C. A copy of the file history for each patent in suit.
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`Documents that may be responsive to 3-2(b) are located at document numbers
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`CyWee_Samsung 000168-605.
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`4
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`Case 2:17-cv-00140-RWS-RSP Document 41-2 Filed 10/12/17 Page 6 of 6 PageID #: 779
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`DATED: July 12, 2017
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`
`
`/s/ Ari B. Rafilson
`
`Michael W. Shore, Texas Bar No. 18294915
`Lead Attorney
`mshore@shorechan.com
`Alfonso Garcia Chan, Texas Bar No. 24012408
`achan@shorechan.com
`Christopher L. Evans, Texas Bar No.24058901
`cevans@shorechan.com
`Ari B. Rafilson, Texas Bar No. 24060465
`arafilson@shorechan.com
`Paul T. Beeler, Texas Bar No. 24095432
`pbeeler@shorechan.com
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`SHORE CHAN DePUMPO LLP
`901 Main Street, Suite 3300
`Dallas, Texas 75202
`Telephone: 214-593-9110
`Facsimile: 214-593-9111
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`ATTORNEYS FOR PLAINTIFF
`CYWEE GROUP, LTD.
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who are deemed to have consented
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`to electronic service are being served with a copy of this document via email.
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`/s/ Ari B. Rafilson
`Ari B. Rafilson
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