Case 2:18-cv-00508-JRG Document 1 Filed 11/17/18 Page 1 of 7 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`UNILOC 2017 LLC,
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO.:
`
`PATENT CASE
`
`SAMSUNG ELECTRONICS AMERICA, INC.
`and SAMSUNG ELECTRONICS CO. LTD.,
`
`Defendants.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its complaint against defendants, Samsung
`
`Electronics America, Inc. (“SEA”) and Samsung Electronics Co. Ltd. (“SEC”) (together,
`
`“Samsung”), alleges:
`
`THE PARTIES
`
`1.
`
`Uniloc 2017 LLC is a Delaware limited liability company, having addresses at
`
`1209 Orange Street, Wilmington, Delaware 19801; 620 Newport Center Drive, Newport Beach,
`
`California 92660; and 102 N. College Avenue, Suite 303, Tyler, Texas 75702.
`
`2.
`
`Samsung Electronics America, Inc. is a New York corporation, having a principal
`
`place of business in Ridgefield Park, New Jersey, and may be served with process through its
`
`registered agent for service in Texas: CT Corporation System, 1999 Bryant Street, Suite 900,
`
`Dallas, Texas 75201.
`
`3.
`
`Samsung Electronics Co. Ltd. is a South Korean corporation, having a principal
`
`place of business in Seoul, Republic of Korea.
`
`3078678.v1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`UNILOC 2017 LLC,
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO.:
`
`PATENT CASE
`
`SAMSUNG ELECTRONICS AMERICA, INC.
`and SAMSUNG ELECTRONICS CO. LTD.,
`
`Defendants.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its complaint against defendants, Samsung
`
`Electronics America, Inc. (“SEA”) and Samsung Electronics Co. Ltd. (“SEC”) (together,
`
`“Samsung”), alleges:
`
`THE PARTIES
`
`1.
`
`Uniloc 2017 LLC is a Delaware limited liability company, having addresses at
`
`1209 Orange Street, Wilmington, Delaware 19801; 620 Newport Center Drive, Newport Beach,
`
`California 92660; and 102 N. College Avenue, Suite 303, Tyler, Texas 75702.
`
`2.
`
`Samsung Electronics America, Inc. is a New York corporation, having a principal
`
`place of business in Ridgefield Park, New Jersey, and may be served with process through its
`
`registered agent for service in Texas: CT Corporation System, 1999 Bryant Street, Suite 900,
`
`Dallas, Texas 75201.
`
`3.
`
`Samsung Electronics Co. Ltd. is a South Korean corporation, having a principal
`
`place of business in Seoul, Republic of Korea.
`
`3078678.v1
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`
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`Case 2:18-cv-00508-JRG Document 1 Filed 11/17/18 Page 2 of 7 PageID #: 2
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`4.
`
`Samsung offers its products and services, including those accused of
`
`infringement, to customers and potential customers located in the Eastern District of Texas.
`
`JURISDICTION
`
`5.
`
`Uniloc brings this action for patent infringement under the patent laws of the
`
`United States, 35 U.S.C. § 271, et seq. This Court has jurisdiction under 28 U.S.C. §§ 1331,
`
`1332(a), and 1338(a).
`
`CLAIM FOR PATENT INFRINGEMENT
`
`6.
`
`Uniloc is the owner, by assignment, of U.S. Patent No. 6,836,654 (“the ’654
`
`Patent”), entitled ANTI-THEFT PROTECTION FOR A RADIOTELEPHONY DEVICE, which
`
`issued December 28, 2004. A copy of the ’654 Patent is attached as Exhibit A.
`
`7.
`
`The ’654 Patent describes in detail, and claims in various ways, inventions in
`
`devices for improved blocking and unblocking of the operational mode of electronic devices
`
`such as cellphones, using timing and identifiers developed by Koninklijke Philips Electronics
`
`N.V.
`
`8.
`
`The ’654 Patent describes problems and shortcomings in the then-existing field of
`
`antitheft measures for portable telephones and describes and claims novel and inventive
`
`technological improvements and solutions to those problems and shortcomings.
`
`9.
`
`The written description of the ’654 Patent describes in technical detail each of the
`
`limitations of the claims, allowing a person of ordinary skill in the art to understand what the
`
`limitations cover and how the combination of claim elements differed markedly from and
`
`improved upon what may have been considered conventional or generic.
`
`10.
`
`Samsung imports, uses, offers for sale and sells in the United States electronic
`
`devices that utilize antitheft measures, including those designated: Galaxy Note8, Galaxy A6+,
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`2
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`Case 2:18-cv-00508-JRG Document 1 Filed 11/17/18 Page 3 of 7 PageID #: 3
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`Galaxy A6, Galaxy J7 Duo, Galaxy J7 Prime 2, Galaxy S9+, Galaxy S9, Galaxy S7, Galaxy J2
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`Pro, Galaxy A8, Galaxy J2, Galaxy C7, Galaxy S8 Active, Galaxy J7 V, Galaxy Note FE,
`
`Galaxy J7 MAX, Galaxy J7 Pro, Galaxy J7, Galaxy J5, Galaxy J3, Z4, Galaxy S8, Galaxy S8+,
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`Galaxy C5 Pro, Galaxy XCover 4, Galaxy J1 mini prime, Galaxy J3 Emerge, Galaxy C7 Pro,
`
`Galaxy A7, Galaxy A5, Galaxy A5 Duos, Galaxy A3, Galaxy A9, Galaxy Grand Prime Plus,
`
`Galaxy J2 Prime, Galaxy C9 Pro, Galaxy On7, Galaxy On8, Galaxy S6, Galaxy S5, Galaxy S4,
`
`Galaxy J1, Galaxy J7, Galaxy E5, Galaxy E7, Galaxy A3, Galaxy A5, Galaxy Ace, Galaxy Note
`
`3, Galaxy Note Pro, Galaxy Fame, Galaxy Discover, Galaxy Premier, Galaxy Note II, Galaxy
`
`SIII, Galaxy Pocket, Galaxy S II, Galaxy S Blaze, Galaxy Attain 4G, Omnia M, Galaxy
`
`Proclaim, Z3, Galaxy Note5, Galaxy A8, Galaxy Note 4, Galaxy Avant, Galaxy Alpha, Galaxy
`
`Young, Galaxy Star, Galaxy Core, Galaxy Exhibit, Galaxy Mega, Galaxy Trend, Galaxy Win,
`
`Galaxy S LightRay, Galaxy I8250, Galaxy Appeal, Galaxy Nexus, Galaxy Note, Galaxy M
`
`Style, Galaxy I9500, Focus 2, Galaxy Note7, Galaxy mini, Galaxy J Max, Galaxy S6 edge+,
`
`Galaxy Note Edge, Galaxy W, ATIV SE, Galaxy Grand 2, Galaxy Express 2, Galaxy Light,
`
`Galaxy Y Plus, Galaxy Grand, Galaxy Rush, Galaxy Stellar, Galaxy Reverb, Focus 2, Samsung
`
`I8530 Galaxy Beam, W999, Star 3, Galaxy V, Galaxy Mega 2, Galaxy K Zoom, Galaxy Beam2
`
`(collectively, “Accused Infringing Devices”).
`
`11.
`
`The Accused Infringing Devices are mobile radiotelephony devices incorporating
`
`antitheft technology that utilizes timing and identification codes to block and unblock normal
`
`operation of the device.
`
`12.
`
`Samsung has infringed, and continues to infringe, claims of the ’654 Patent in the
`
`United States, including claims 1, 3-5, and 7, by making, using, offering for sale, selling, and
`
`importing the Accused Infringing Devices.
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`Case 2:18-cv-00508-JRG Document 1 Filed 11/17/18 Page 4 of 7 PageID #: 4
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`13.
`
`Samsung knowingly and intentionally incorporates into the Accused Infringing
`
`Devices components and software that enable the devices to operate automatically as described
`
`above to infringe the ’654 Patent.
`
`14.
`
`In its marketing, promotional, and instructional materials, including those
`
`identified below, Samsung intentionally instructs its customers to use the Accused Infringing
`
`Devices in a manner that causes the devices to infringe the asserted claims of the ’654 Patent.
`
`15.
`
`Samsung has also infringed, and continues to infringe, claims 1, 3-5, and 7 of the
`
`’654 Patent by actively inducing others to use, offer for sale, and sell the Accused Infringing
`
`Devices. Samsung’s customers who use those devices in accordance with Samsung’s
`
`instructions infringe claims 1, 3-5, and 7 of the ’654 Patent. Samsung intentionally instructs its
`
`customers to infringe through training videos, demonstrations, brochures, installation and user
`
`guides, and instructional and marketing materials, such as those located at:
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`•
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`•
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`•
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`www.samsung.com/us/
`
`www.samsung.com/us/business/solutions/samsung-knox/
`
`www.samsung.com/us/support/
`
`www.samsung.com/us/support/answer/ANS00047227
`
`www.samsung.com/us/support/answer/ANS00050676
`
`www.samsung.com/us/support/answer/ANS00050828
`
`www.samsung.com/us/support/answer/ANS00051381
`
`www.samsung.com/us/support/answer/ANS00062627
`
`www.samsung.com/us/support/answer/ANS00062632
`
`www.samsung.com/au/support/mobile-devices/reset-the-lock-screen-pattern-
`using-a-google-account/
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`Case 2:18-cv-00508-JRG Document 1 Filed 11/17/18 Page 5 of 7 PageID #: 5
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`•
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`•
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`www.samsung.com/ca/support/mobile-devices/galaxy-s7-how-do-i-set-up-screen-
`lock-on-my-galaxy-s7/
`
`www.samsung.com/uk/support/mobile-devices/galaxy-s7-how-do-i-lock-my-
`samsung-galaxy-note-3/
`
`http://downloadcenter.samsung.com/content/UM/201706/
`20170629130350139/SM-J530_J730_UM_EU_Nougat_Eng_
`Rev.1.0_170616.pdf
`
`http://downloadcenter.samsung.com/content/PM/201803/
`20180324064802271/EB/GEN_G960U1_G965U1_EN_
`FINAL_180323/start_here.html
`
`http://downloadcenter2.samsung.com/content/UM/201801/
`20180112154235025/SM-A530_A730_UM_EU_Nougat_Eng_
`Rev.1.0_171214.pdf
`
`www.youtube/user/samsung
`
`www.youtube.com/watch?v=KjltVpCTQ8M
`
`www.youtube.com/watch?v=RvLP0q-L1Yg
`
`www.youtube.com/watch?v=07ra3-vY2vg
`
`www.youtube.com/watch?v=jDltgge4b40
`
`16.
`
`Samsung has also infringed, and continues to infringe, claims 1, 3-5, and 7 of the
`
`’654 patent by offering to sell, selling, and importing the Accused Infringing Devices knowing
`
`that the devices include components that constitute a material part of the invention of the ’654
`
`patent. Samsung knows those components to be especially made or especially adapted for use in
`
`infringement of the ’654 patent, and not a staple article, or a commodity of commerce suitable
`
`for substantial non-infringing use.
`
`17.
`
`Samsung will have been on notice of the ’654 Patent since, at the latest, the
`
`service of the complaint upon it in Civil Action No. 2:18-cv-00309. Samsung has also been on
`
`notice of Uniloc’s infringement allegations and theory of infringement since that date, and thus
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`Case 2:18-cv-00508-JRG Document 1 Filed 11/17/18 Page 6 of 7 PageID #: 6
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`has known that its continued actions would induce and contribute to the infringement of claims
`
`of the ’654 Patent. Despite that knowledge, and as further evidence of its intent, Samsung has
`
`refused to discontinue its infringing acts and has also induced infringement by failing to remove
`
`the infringing functionality from the Accused Infringing Devices or otherwise place a non-
`
`infringing limit on its use.
`
`18.
`
`By the time of trial, Samsung will have known and intended (since receiving such
`
`notice) that its continued actions would actively induce and contribute to the infringement of
`
`claims 1, 3-5, and 7 of the ’654 Patent.
`
`19.
`
`Samsung may have infringed the ’654 Patent through other software and devices
`
`utilizing the same or reasonably similar functionality, including other versions of the Accused
`
`Infringing Devices.
`
`20.
`
`Uniloc has been damaged by Samsung’s infringement of the ’654 Patent.
`
`PRAYER FOR RELIEF
`
`Uniloc requests that the Court enter judgment against Samsung:
`
`(A)
`
`(B)
`
`’654 Patent;
`
`(C)
`
`(D)
`
`declaring that Samsung has infringed the ’654 Patent;
`
`awarding Uniloc its damages suffered as a result of Samsung’s infringement of the
`
`awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
`
`granting Uniloc such further relief as the Court finds appropriate.
`
`DEMAND FOR JURY TRIAL
`
`Uniloc demands trial by jury, under Fed. R. Civ. P. 38.
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`3078678.v1
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`Case 2:18-cv-00508-JRG Document 1 Filed 11/17/18 Page 7 of 7 PageID #: 7
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`Date: November 17, 2018
`
`Respectfully submitted,
`
`/s/ Paul J. Hayes
`Paul J. Hayes
`Massachusetts State Bar No. 227000
`Kevin Gannon
`Massachusetts State Bar No. 640931
`Aaron Jacobs
`Massachusetts State Bar No. 677545
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Fax: (617) 456-8100
`Email: phayes@princelobel.com
`Email: kgannon@princelobel.com
`Email: ajacobs@princelobel.com
`
`Edward R. Nelson III
`ed@nbafirm.com
`Texas State Bar No. 00797142
`NELSON BUMGARDNER ALBRITTON P.C.
`3131 West 7th Street, Suite 300
`Fort Worth, TX 76107
`Tel: (817) 377-9111
`
`Shawn Latchford
`shawn@nbafirm.com
`Texas State Bar No. 24066603
`NELSON BUMGARDNER ALBRITTON P.C.
`111 West Tyler Street
`Longview, Texas 75601
`Tel: (903) 757-8449
`Fax: (903) 758-7397
`
`ATTORNEYS FOR THE PLAINTIFFS
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`3078678.v1
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