Case 2:21-cv-00040-JRG Document 34-2 Filed 05/18/21 Page 1 of 5 PageID #: 348
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`Exhibit 5
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`Case 6:13-cv-00569-KNM Document 31 Filed 03/21/14 Page 1 of 12 PageID #: 234Case 2:21-cv-00040-JRG Document 34-2 Filed 05/18/21 Page 2 of 5 PageID #: 349
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CIVIL ACTION NO. 6:13-cv-569
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`JURY TRIAL DEMANDED
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`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
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`Plaintiff,
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`v.
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`DELL INC.
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`Defendant.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`Plaintiff Cellular Communications Equipment LLC files this First Amended Complaint
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`against Dell Inc. for infringement of U.S. Patent No. 6,819,923 (“the ’9923 patent”), U.S. Patent
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`No. 7,215,962 (“the ’962 patent”), U.S. Patent No. 7,941,174 (“the ’174 patent”), U.S. Patent
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`No. 8,055,820 (“the ’820 patent”), and U.S. Patent No. 6,810,019 (“the ’019 patent”).
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`THE PARTIES
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`1.
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`Cellular Communications Equipment LLC (“CCE”) is a Texas limited liability
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`company with its principal place of business in Plano, Texas.
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`2.
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`Dell Inc. (“Dell” or “Defendant”) is a Delaware corporation with its principal
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`place of business in Round Rock, Texas. Defendant does business in the State of Texas and in
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`the Eastern District of Texas. This Defendant has been served with process and has appeared.
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`1
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`Case 6:13-cv-00569-KNM Document 31 Filed 03/21/14 Page 3 of 12 PageID #: 236Case 2:21-cv-00040-JRG Document 34-2 Filed 05/18/21 Page 3 of 5 PageID #: 350
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`10.
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`Defendant has and continues to directly infringe one or more claims of the ’9923
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`patent in this judicial district and elsewhere in Texas and the United States, including at least
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`claim 11, by, among other things, making, using, offering for sale, selling and/or importing Dell
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`devices, including, for example: the XPS 10 Tablet, the DW5630 Mini Card (alone and included
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`in Dell computer systems), the DW5560 Mini Card (alone and included in Dell computer
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`systems), the DW5804 Mini Card (alone and included in Dell computer systems), and the
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`DW5540 Mini Card (alone and included in Dell computer systems). These devices are
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`collectively referred to as the “’9923 Dell Devices.”
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`11.
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`Defendant directly infringes the apparatus claims of the ’9923 patent by making,
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`offering to sell, selling, and/or importing the ’9923 Dell Devices. Defendant is thereby liable for
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`direct infringement.
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`12.
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`CCE has been damaged as a result of Defendant’s infringing conduct described in
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`this Count. Defendant is, thus, liable to CCE in an amount that adequately compensates it for
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`their infringements, which, by law, cannot be less than a reasonable royalty, together with
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`interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`COUNT II
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`(INFRINGEMENT OF U.S. PATENT NO. 7,215,962)
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`CCE incorporates paragraphs 1 through 6 herein by reference.
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`CCE is the assignee of the ’962 patent, entitled “Method for an Intersystem
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`13.
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`14.
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`Connection Handover,” with ownership of all substantial rights in the ’962 patent, including the
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`right to exclude others and to enforce, sue and recover damages for past and future
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`infringements. A true and correct copy of the ’962 patent is attached as Exhibit B.
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`15.
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`The ’962 patent is valid, enforceable and was duly issued in full compliance with
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`Title 35 of the United States Code.
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`3
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`Case 6:13-cv-00569-KNM Document 31 Filed 03/21/14 Page 4 of 12 PageID #: 237Case 2:21-cv-00040-JRG Document 34-2 Filed 05/18/21 Page 4 of 5 PageID #: 351
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`16.
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`Defendant has and continues to directly and/or indirectly infringe (by inducing
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`infringement and/or contributing to infringement) one or more claims of the ’962 patent in this
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`judicial district and elsewhere in Texas and the United States, including at least claims 1, 2, 11,
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`12, and 13, by, among other things, making, using, offering for sale, selling and/or importing
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`Dell mobile devices, including, for example: the XPS 10 Tablet, the DW5802 Mini Card (alone
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`and included in Dell computer systems), the DW5804 Mini Card (alone and included in Dell
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`computer systems), the DW5800 Mini Card (alone and included in Dell computer systems), the
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`DW5630 Mini Card (alone and included in Dell computer systems), and the DW5540 Mini Card
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`(alone and included in Dell computer systems). These devices are collectively referred to as the
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`“’962 Dell Devices.”
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`17.
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`Defendant directly infringes the apparatus claims of the ’962 patent by making,
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`offering to sell, selling, and/or importing the ’962 Dell Devices. Defendant also directly
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`infringes the ’962 patent by making, using, selling, offering to sell, and/or importing the ’962
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`Dell Devices to practice the claimed methods. Defendant is thereby liable for direct
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`infringement.
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`18.
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`Additionally, Defendant is liable for indirect infringement of the ’962 patent
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`because it induces and/or contributes to the direct infringement of the patent by its customers and
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`other end users who use the ’962 Dell Devices to practice the claimed methods.
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`19.
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`Dell has had knowledge of the ’962 patent, at least as early as service of the
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`Original Complaint in this action.
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`20.
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`On information and belief, despite having knowledge of the ’962 patent,
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`Defendant has specifically intended and continues to specifically intend for persons who acquire
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`and use the ’962 Dell Devices, including Defendant’s customers, to use such devices in a manner
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`that infringes the ’962 patent, including at least claims 1, 2, 11, 12, and 13. Defendant knew or
`4
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`Case 6:13-cv-00569-KNM Document 31 Filed 03/21/14 Page 11 of 12 PageID #: 244Case 2:21-cv-00040-JRG Document 34-2 Filed 05/18/21 Page 5 of 5 PageID #: 352
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`Dated: March 21, 2014
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` 
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`Respectfully submitted,
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`/s/ Edward R. Nelson, III
`Edward R. Nelson, III
`enelson@nbclaw.net
`Texas State Bar No. 00797142
`Brent N. Bumgardner
`bbumgardner@nbclaw.net
`Texas State Bar No. 00795272
`Barry J. Bumgardner
`barry@nbclaw.net
`Texas State Bar No. 00793424
`S. Brannon Latimer
`blatimer@nbclaw.net
`Texas State Bar No. 24060137
`Thomas C. Cecil
`tcecil@nbclaw.net
`Texas State Bar No. 24069489
`NELSON BUMGARDNER CASTO, P.C.
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`Phone: (817) 377-9111
`Fax: (817) 377-3485
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`J. Wesley Hill
`Texas State Bar No. 24032294
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`1127 Judson Rd. Ste. 220
`Longview, Texas 75606-1231
`(903) 757-6400
`(903) 757-2323 (fax)
`jw@jwfirm.com
`wh@wsfirm.com
`ch@wsfirm.com
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`ATTORNEYS FOR PLAINTIFF
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC
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`11
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