Case 2:17-cv-00469-JRG Document 1 Filed 06/02/17 Page 1 of 6 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. 2:17-cv-00469
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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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`APPLE INC.,
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`Defendant.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs, Uniloc USA, Inc. (“Uniloc USA”) and Uniloc Luxembourg, S.A. (“Uniloc
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`Luxembourg”) (together, “Uniloc”), as and for their complaint against defendant, Apple Inc.
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`(“Apple”), allege as follows:
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`THE PARTIES
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`1.
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`Uniloc USA is a Texas corporation having a principal place of business at Legacy
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`Town Center I, Suite 380, 7160 Dallas Parkway, Plano Texas 75024. Uniloc USA also maintains
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`a place of business at 102 N. College, Suite 603, Tyler, Texas 75702.
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`2.
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`Uniloc Luxembourg is a Luxembourg public limited liability company having a
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`principal place of business at 15, Rue Edward Steichen, 4th Floor, L-2540, Luxembourg (R.C.S.
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`Luxembourg B159161).
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`3.
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`Upon information and belief, Apple is a California corporation having a principal
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`place of business in Cupertino, California and regular and established places of business at 2601
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`Preston Road, Frisco, Texas and 6121 West Park Boulevard, Plano, Texas as well as other
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
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`§
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`Civil Action No. 2:17-cv-00469
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`
`UNILOC USA, INC. and
`UNILOC LUXEMBOURG, S.A.,
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`
`
`
`
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
`
`Plaintiffs, Uniloc USA, Inc. (“Uniloc USA”) and Uniloc Luxembourg, S.A. (“Uniloc
`
`Luxembourg”) (together, “Uniloc”), as and for their complaint against defendant, Apple Inc.
`
`(“Apple”), allege as follows:
`
`THE PARTIES
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`1.
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`Uniloc USA is a Texas corporation having a principal place of business at Legacy
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`Town Center I, Suite 380, 7160 Dallas Parkway, Plano Texas 75024. Uniloc USA also maintains
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`a place of business at 102 N. College, Suite 603, Tyler, Texas 75702.
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`2.
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`Uniloc Luxembourg is a Luxembourg public limited liability company having a
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`principal place of business at 15, Rue Edward Steichen, 4th Floor, L-2540, Luxembourg (R.C.S.
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`Luxembourg B159161).
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`3.
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`Upon information and belief, Apple is a California corporation having a principal
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`place of business in Cupertino, California and regular and established places of business at 2601
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`Preston Road, Frisco, Texas and 6121 West Park Boulevard, Plano, Texas as well as other
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`1
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`Case 2:17-cv-00469-JRG Document 1 Filed 06/02/17 Page 2 of 6 PageID #: 2
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`locations in Texas. Apple offers its products and/or services, including those accused herein of
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`infringement, to customers and potential customers located in Texas, including in the judicial
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`Eastern District of Texas. Apple may be served with process through its registered agent for
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`service in Texas: CT Corporation System, 1999 Bryant Street, Suite 900, Dallas, Texas 75201.
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`JURISDICTION AND VENUE
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`4.
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`Uniloc brings this action for patent infringement under the patent laws of the United
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`States, 35 U.S.C. § 271 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331, 1338(a) and 1367.
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`5.
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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). Apple has regular and established places of business in this judicial district, including in
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`Frisco and Plano, is deemed to reside in this judicial district, has committed acts of infringement
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`in this judicial district, and/or has purposely transacted business involving the accused products in
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`this judicial district.
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`6.
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`Apple is subject to this Court’s jurisdiction pursuant to due process and/or the Texas
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`Long Arm Statute due at least to its substantial presence and business in this State and judicial
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`district, including: (A) engaging in at least part of its past infringing activities, (B) regularly doing
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`and soliciting business in Frisco and Plano, Texas and/or (C) engaging in persistent conduct and
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`deriving substantial revenue from goods and services provided to customers in Texas.
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`COUNT I
` (INFRINGEMENT OF U.S. PATENT NO. 8,872,646)
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`Uniloc incorporates paragraphs 1-6 above by reference.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 8,872,646
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`7.
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`8.
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`(“the ’646 Patent”), entitled METHOD AND SYSTEM FOR WAKING UP A DEVICE DUE TO
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`2
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`Case 2:17-cv-00469-JRG Document 1 Filed 06/02/17 Page 3 of 6 PageID #: 3
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`MOTION that issued on October 28, 2014. A true and correct copy of the ’646 Patent is attached
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`as Exhibit A hereto.
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`9.
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`Uniloc USA is the exclusive licensee of the ’646 Patent with ownership of all
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`substantial rights therein, including the right to grant sublicenses, to exclude others, and to enforce,
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`sue and recover past damages for the infringement thereof.
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`10.
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`Apple manufactures, uses, sells, offers for sale and/or imports into the United States
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`electronic devices such as iPhones (including versions SE, 6s, 6s+, 7, 7+ and 7 Red) and Watches
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`that incorporate hardware (such as accelerometers, altimeters, gyroscopes and M9/M10 motion
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`detecting coprocessors/S2 SiPs) and software (including iOS10.0.x and watchOS versions) that
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`provide a Raise to Wake functionality to the devices (together, “Accused Infringing Devices”).
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`11.
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`Apple has directly infringed, and continues to directly infringe, one or more claims
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`of the ’646 Patent in the United States during the pendency of the ’646 Patent, including at least
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`claims 1-6, 8-15 and 17-23, literally and/or under the doctrine of equivalents, by or through
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`making, using, offering for sale, selling and/or importing the Accused Infringing Devices.
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`12.
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`In addition, should the accused devices be found to not literally infringe the asserted
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`claims of the ’646 Patent, the Accused Infringing Devices would nevertheless infringe the asserted
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`claims of the ’646 Patent. More specifically, the Accused Infringing Devices perform substantially
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`the same function (waking up a device using motion detecting components such accelerometers,
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`altimeters, gyroscopes, M9/M10 coprocessors and associated software), in substantially the same
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`way (using dominant axis gravity-related data), to yield substantially the same result (a device
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`woken up by detected motion). Apple would thus be liable for direct infringement under the
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`doctrine of equivalents.
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`3
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`Case 2:17-cv-00469-JRG Document 1 Filed 06/02/17 Page 4 of 6 PageID #: 4
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`13.
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`Apple has indirectly infringed and continues to indirectly infringe at least claims 1-
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`6, 8-15 and 17-23 of the ’646 Patent in the United States by, among other things, actively inducing
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`the using, offering for sale, selling and/or importing the Accused Infringing Devices. Apple’s
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`customers who use such devices in accordance with Apple’s instructions directly infringe claims
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`1-6, 8-15 and 17-23 of the ’646 Patent in violation of 35 U.S.C. § 271. Apple directly and/or
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`indirectly intentionally instructs its customers to infringe through training videos, demonstrations,
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`brochures, installation and/or user guides such as those located at one or more of the following:
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`•
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`•
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`•
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`•
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`www.apple.com
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`https://support.apple.com
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`https://appleid.apple.com
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`https://itunes.apple.com
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`www.youtube.com
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`Apple is thereby liable for infringement of the ’646 Patent under 35 U.S.C. § 271(b).
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`14.
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`Apple will have been on notice of the ’646 Patent since, at the latest, the service of
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`this complaint upon Apple. By the time of trial, Apple will have known and intended (since
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`receiving such notice) that its continued actions would actively induce the infringement of claims
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`1-6, 8-15 and 17-23 of the ’646 Patent.
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`15.
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`Apple may have infringed the ’646 Patent through other software and devices
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`utilizing the same or reasonably similar functionality, including other current and/or future
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`versions of the accused software and Accused Infringing Devices that allow a user of iPhones,
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`iPads and/or Watches to wake up such devices as described above. Uniloc reserves the right to
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`discover and pursue all such additional infringing software and devices.
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`16.
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`Uniloc has been damaged by Apple’s infringement of the ’646 Patent.
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`4
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`Case 2:17-cv-00469-JRG Document 1 Filed 06/02/17 Page 5 of 6 PageID #: 5
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against Apple as follows:
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`(A)
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`(B)
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`declaring that Apple has infringed the ’646 Patent;
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`awarding Uniloc its damages suffered as a result of Apple’s infringement of the
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`’646 Patent;
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`(C)
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`(D)
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`awarding Uniloc its costs, attorneys’ fees, expenses and interest; and
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`granting Uniloc such further relief as the Court may deem just and proper.
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`DEMAND FOR JURY TRIAL
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`Uniloc hereby demands trial by jury on all issues so triable pursuant to Fed. R. Civ. P. 38.
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`Case 2:17-cv-00469-JRG Document 1 Filed 06/02/17 Page 6 of 6 PageID #: 6
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`Date: June 2, 2017
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`Respectfully submitted,
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`/s/ Edward R. Nelson III
`Paul J. Hayes (Lead Attorney)
`Massachusetts State Bar No. 227000
`James J. Foster
`Massachusetts State Bar No. 553285
`Kevin Gannon
`Massachusetts State Bar No. 640931
`Dean G. Bostock
`Massachusetts State Bar No. 549747
`Robert R. Gilman
`Massachusetts State Bar No. 645224
`Michael Ercolini
`New York State Bar No. 5029905
`Aaron Jacobs
`Massachusetts State Bar No. 677545
`Daniel McGonagle
`Massachusetts State Bar No. 690084
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Email: phayes@princelobel.com
`Email: kgannon@princelobel.com
`
`Edward R. Nelson III
`ed@nelbum.com
`Texas State Bar No. 00797142
`Anthony M. Vecchione
`anthony@nelbum.com
`Texas State Bar No. 24061270
`NELSON BUMGARDNER PC
`3131 West 7th Street, Suite 300
`Fort Worth, TX 76107
`Tel: (817) 377-9111
`Fax: (817) 377-3485
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`ATTORNEYS FOR THE PLAINTIFFS
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`6
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