Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 1 of 12 PageID #: 2535
`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 1of 12 PagelD#: 2535
`
`EXHIBIT E
`EXHIBIT E
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 2 of 12 PageID #: 2536
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`CIVIL ACTION NO. 6:14-cv-982
`CONSOLIDATED LEAD CASE
`
`JURY TRIAL DEMANDED
`
`
` §
`
`
`
`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`
`v.
`
`LG ELECTRONICS, INC., ET AL.,
`
`
`Defendants.
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`PLAINTIFF’S PRELIMINARY DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
`
`Pursuant to P.R. 3-1 and the Court’s May 4, 2015 Order (Dkt No. 44), Plaintiff Cellular
`
`
`
`Communications Equipment LLC submits this disclosure of asserted claims and infringement
`
`contentions to Defendants Sony Mobile Communications Inc. and Sony Mobile Communications
`
`(USA) Inc. (collectively, “Sony”), AT&T Mobility LLC ( “AT&T”), Cellco Partnership d/b/a
`
`Verizon Wireless (“Verizon”), and T-Mobile USA, Inc., and T-Mobile US, Inc. (collectively, “T-
`
`Mobile”).
`
`I.
`
`P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions
`
`(a)
`
`Defendants infringe the following claims:
`
`1.
`
`2.
`
`3.
`
`Claims 1-7, 9, and 10-16 of U.S. Pat. 8,385,966;
`
`Claims 13-15, and 21-23 of U.S. Pat. 8,848,556; and
`
`Claims 1, 3, 7, 9, and 15 of U.S. Pat. 8,868,060;
`
`Defendants’ infringements are both direct and indirect, as set forth in the claim charts attached as
`
`Exhibits A through C. Plaintiff reserves the right to augment or supplement its contentions to
`
`
`
`1
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 3 of 12 PageID #: 2537
`
`identify additional claims infringed by Defendants after discovery, in response to Defendants’ P.R.
`
`3-4 production, or as permitted under the Patent Rules.
`
`(b)
`
`Defendants’ direct and indirect infringements pertain to the Accused Products
`
`identified in Exhibits A through C. Plaintiff expects that this disclosure may be subject to
`
`amendment or supplementation to identify and accuse additional products released, developed, or
`
`made available by Defendants after the date on which these contentions are served, or of which
`
`Plaintiff was not aware at the time of these contentions.
`
`(c)
`
`Charts identifying where each element or step of the asserted claims is found within,
`
`or performed by, each Accused Product are attached as Exhibits A through C. The charts are based
`
`on publicly-available information currently accessible to Plaintiff.
`
`(d)
`
`Based on its current understanding of the claim language and publicly-available
`
`information pertaining to the Accused Products, and without notice of any non-infringement
`
`position from Defendants, Plaintiff asserts that Defendants literally infringe each element or step of
`
`the asserted claims. However, any claim element or step not literally present in or performed by the
`
`Accused Products is satisfied under the doctrine of equivalents because any difference between such
`
`claim element or step and the accused element or step are insubstantial. In other words, the accused
`
`element or step performs substantially the same function, in substantially the same way, to achieve
`
`substantially the same result.
`
`As discovery has not yet begun and the Court has not construed certain claim terms, it is not
`
`yet clear whether Plaintiff will rely on the doctrine of equivalents. Accordingly, Plaintiff reserves
`
`the right, in response to discovery, Defendants’ P.R. 3-4 production, or as permitted under the
`
`Patent Rules, to amend its infringement contentions as necessary.
`
`(e)
`
`The asserted claims of U.S. Pat. 8,385,966 claim priority to an earlier application
`
`filed May 5, 2008. The asserted claims of U.S. Pat. 8,848,556 claim priority to an earlier
`
`
`
`2
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 4 of 12 PageID #: 2538
`
`application filed June 21, 2010. The asserted claims of U.S. Pat. 8,868,060 claim priority to an
`
`earlier application filed April 2, 2007. Each patent listed in this section (e) is entitled to a priority
`
`date no later than the filing date of the earliest application to which it claims priority.
`
`(f)
`
`Plaintiff is not aware of any apparatus, product, device, process, method, act, or other
`
`instrumentality of its own that practices the claimed inventions.
`
`II.
`
`P.R. 3-2 Document Production Accompanying Disclosure
`
`(a)
`
`(b)
`
`Plaintiff is not presently aware of documents responsive to P.R. 3-2(a).
`
`Other than information included in the file histories noted below, Plaintiff is not
`
`presently aware of documents responsive to P.R. 3-2(b).
`
`(c)
`
`Documents responsive to P.R. 3-2(c) have been produced as follows:
`
`1.
`
`2.
`
`3.
`
`File History of U.S. Pat. No. 8,385,966: CCE_LG000001-0263
`
`File History of U.S. Pat. No. 8,848,556: CCE_LG000263-0824
`
`File History of U.S. Pat. No. 8,868,060: CCE_LG000825-01446
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 5 of 12 PageID #: 2539
`
`Dated: May 15, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Edward R. Nelson, III
`Edward R. Nelson, III
`enelson@nbclaw.net
`Texas State Bar No. 00797142
`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
`
`ATTORNEYS FOR PLAINTIFF
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 6 of 12 PageID #: 2540
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document was served upon
`counsel of record via electronic mail, pursuant to the Federal Rules of Civil Procedure and the Local
`Rules for the Eastern District of Texas, on the 15th day of May, 2015.
`
`
`
`
`
`
`/s/ Edward R. Nelson, III
`
`
`
`5
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 7 of 12 PageID #: 2541
`
`Cellular Communications Equipment LLC v. LG Electronics Inc., et al.
`
`EXHIBIT A TO PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
`
`U.S. Pat. No. 8,868,060
`
`’060 SONY ACCUSED PRODUCTS1
`
`1. A method of communicating with a
`terminal in a cellular wireless
`communication system, the method
`comprising:
`
`Sony, T-Mobile, and Verizon make, use, sell, offer to sell, and/or import the ’060
`Sony Accused Products2, each of which is a cellular device that includes and
`performs the features and capabilities described in this claim.
`
`Plaintiff contends that each Defendant infringes this claim because it makes, uses,
`sells, offers to sell, and/or imports the ’060 Sony Accused Products, each of
`which includes and/or practices each and every element of this claim.
`Additionally, each Defendant indirectly infringes this claim by (1) inducing, with
`knowledge of the patent (at least by virtue of disclosure to ETSI), its customers’
`(e.g., end users, carriers) use of the ’060 Sony Accused Products to practice each
`and every one of the following claim elements with knowledge that such practice
`infringes this claim and intent to cause such infringement (as evidenced for
`example, in user guides and other instructional materials provided by each
`Defendant such as instructions to operate the Accused Product within a provided
`service area), and/or (2) contributing to direct infringement by customers (e.g.,
`end users, carriers) that use the ’060 Sony Accused Products to practice each and
`every one of the following claim elements, with knowledge that the infringing
`components of the ’060 Sony Accused Products have no substantial non-
`infringing uses (by their nature as proprietary hardware components and software
`instructions that work in concert to perform specific, intended functions) and that
`the combination for which such components were made infringes this claim.
`
`Each ’060 Sony Accused Product is a terminal (UE) that performs a method as
`set forth in this claim. Specifically, each ’060 Sony Accused Product is a cellular
`device that includes hardware and software (including memory, one or more
`
`
`1 Discovery in this case has not begun. Accordingly, Plaintiff expects that these contentions may be subject to supplementation and/or amendment after further
`discovery and disclosure of Defendant’s non-infringement positions in order to focus the issues in this case. For example, Plaintiff may supplement these
`contentions in response to information learned during discovery to rebut allegations of non-infringement under the doctrine of equivalents. Additionally,
`Plaintiff expects that these contentions may be subject to amendment or supplementation to identify and accuse additional devices released, developed, or made
`available after the date on which these contentions are served.
`2 The ’060 Sony Accused Products include the following products: Xperia Z1s, Xperia Z3, Xperia Z2 Tablet, Xperia Z3v, Xperia T2 Ultra, Xperia T3, Xperia Z1
`Compact, Xperia Z3 Compact. Evidence supporting the use of relevant technology contained within this chart is listed in Appendix A-1.
`
`
`
`
`
`1
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 8 of 12 PageID #: 2542
`
`Cellular Communications Equipment LLC v. LG Electronics Inc., et al.
`
`EXHIBIT A TO PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
`
`U.S. Pat. No. 8,868,060
`
`’060 SONY ACCUSED PRODUCTS1
`
`processors, radios, firmware, and drivers) configured to support and provide
`wireless communications in an LTE network environment. As such, each ’060
`Sony Accused Product is compliant with and supports technical specifications
`published by 3GPP and ETSI for LTE technology, including TS 22.268, TS
`23.041, TS 23.401, TS 36.304, and/or TS 36.331.3 Indeed, the ’060 patent is
`essential to the compliance with such standards.
`
`Each ’060 Sony Accused Product is a terminal in a cellular wireless
`communication system, configured to operate in the manner explained below.
`
`See, e.g., TS 22.268:
`
`
`
`
`
`storing, at the terminal of the cellular
`wireless communication system, a group
`of specific identifiers common to a
`plurality of terminals supporting an
`emergency warning, at least two specific
`identifiers in the group of the specific
`identifiers being for different types of
`emergencies, the cellular wireless
`
`Each ’060 Sony Accused Product stores a group of specific identifiers common
`to a plurality of terminals supporting an emergency warning, at least two specific
`identifiers in the group of the specific identified being for different types of
`emergencies, where the cellular wireless communications system is a bi-
`directional cellular wireless communication system between a base station and
`the plurality of terminals.
`
`See TS 36.331:
`
`
`3 See, e.g., TS.22.268 V9.3.0 http://www.etsi.org/deliver/etsi ts/122200 122299/122268/09.03.00 60/ts 122268v090300p.pdf, TS 23.041 V9.8.0
`http://www.etsi.org/deliver/etsi ts/123000 123099/123041/09.08.00 60/ts 123041v090800p.pdf, TS 23.401 V9.4.0
`http://www.etsi.org/deliver/etsi ts/123400 123499/123401/09.04.00 60/ts 123401v090400p.pdf, TS 36.304 V8.2.0
`http://www.etsi.org/deliver/etsi ts/136300 136399/136304/08.02.00 60/ts 136304v080200p.pdf, and TS 36.331 V9.2.0
`http://www.etsi.org/deliver/etsi ts/136300 136399/136331/09.02.00 60/ts 136331v090200p.pdf.
`
`
`
`
`
`2
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 9 of 12 PageID #: 2543
`
`Cellular Communications Equipment LLC v. LG Electronics Inc., et al.
`
`EXHIBIT B TO PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
`
`U.S. Pat. No. 8,385,966
`
`’966 SONY ACCUSED PRODUCTS1
`
`1. A method comprising: using a
`processor to initialize for i=0 a first power
`control adjustment state g(i) for an uplink
`control channel and a second power
`control adjustment state f(i) for an uplink
`shared channel to each reflect an open
`loop power control error;
`
`
`
`Sony, AT&T, T-Mobile, and Verizon make, use, sell, offer to sell, and/or import
`the ’966 Sony Accused Products2, each of which is a cellular device that includes
`and performs the features and capabilities described in this claim.
`
`Plaintiff contends that each Defendant infringes this claim because it makes, uses,
`sells, offers to sell, and/or imports the ’966 Sony Accused Products, each of
`which includes and/or practices each and every element of this claim.
`Additionally, each Defendant indirectly infringes this claim by (1) inducing, with
`knowledge of the patent (at least by virtue of disclosure to ETSI), its customers’
`(e.g., end users, carriers) use of the ’966 Sony Accused Products to practice each
`and every one of the following claim elements with knowledge that such practice
`infringes this claim and intent to cause such infringement (as evidenced for
`example, in user guides and other instructional materials provided by each
`Defendant such as instructions to operate the Accused Product within a provided
`service area), and/or (2) contributing to direct infringement by customers (e.g.,
`end users, carriers) that use the ’966 Sony Accused Products to practice each and
`every one of the following claim elements, with knowledge that the infringing
`components of the ’966 Sony Accused Products have no substantial non-
`infringing uses (by their nature as proprietary hardware components and software
`instructions that work in concert to perform specific, intended functions) and that
`the combination for which such components were made infringes this claim.
`
`Each ’966 Sony Accused Product is a terminal that performs a method as set
`forth in this claim. Each ’966 Sony Accused Product is a cellular device that
`
`
`1 Discovery in this case has not begun. Accordingly, Plaintiff expects that these contentions may be subject to supplementation and/or amendment after further
`discovery and disclosure of Defendant’s non-infringement positions in order to focus the issues in this case. For example, Plaintiff may supplement these
`contentions in response to information learned during discovery to rebut allegations of non-infringement under the doctrine of equivalents. Additionally,
`Plaintiff expects that these contentions may be subject to amendment or supplementation to identify and accuse additional devices released, developed, or made
`available after the date on which these contentions are served.
`2 The ’966 Sony Accused Products include the following products: Xperia TL, Xperia Z, Xperia Z1s, Xperia Z3, Xperia Z2 Tablet, Xperia Z3v, Xperia T2 Ultra,
`Xperia T3, Xperia Z1 Compact, Xperia Z3 Compact, Xperia M2, Xperia Z Ultra, Xperia ZL, and Xperia SP. Evidence supporting the use of relevant technology
`contained within this chart is listed in Appendix B-1.
`
`
`
`
`
`1
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 10 of 12 PageID #: 2544
`
`Cellular Communications Equipment LLC v. LG Electronics Inc., et al.
`
`EXHIBIT B TO PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
`
`U.S. Pat. No. 8,385,966
`
`’966 SONY ACCUSED PRODUCTS1
`
`includes hardware and software (including memory, one or more processors,
`radios, firmware, and drivers) configured to support and provide wireless
`communications in an Evolved UMTS Terrestrial Radio Access (e-UTRA)
`network environment utilizing LTE technology. As such, each ’966 Sony
`Accused Product is compliant with and supports technical specifications
`published by 3GPP and ETSI for LTE technology, including TS 36.213, TS
`36.300, and TS 36.321.3 Indeed, the ’966 patent is essential to compliance with
`LTE standards.
`
`In the e-UTRA network environment, a terminal (or user equipment, “UE”), such
`as each of the ’966 Sony Accused Products, uses a processor to initialize for i=0 a
`first power control adjustment state g(i) for an uplink control channel and a
`second power control adjustment state f(i) for an uplink shared channel to each
`reflect an open loop power control error. msg2 is a power control command sent
`in msg2, which is the start of the closed-loop power control. In response to msg2,
`f(i) and g(i) are initialized to account for error in the open loop power control
`during preamble transmission.
`
`Such is specified in TS 36.213:
`
`
`3 See, e.g., TS 36.213 V9.3.0, http://www.etsi.org/deliver/etsi ts/136200 136299/136213/09.03.00 60/ts 136213v090300p.pdf; TS 36.300 V9.3.0,
`http://www.etsi.org/deliver/etsi ts/136300 136399/136300/09.03.00 60/ts 136300v090300p.pdf; TS 36.321 V9.0.0,
`http://www.etsi.org/deliver/etsi ts/136300 136399/136321/09.00.00 60/ts 136321v090000p.pdf
`
`
`
`
`
`2
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 11 of 12 PageID #: 2545
`
`Cellular Communications Equipment LLC v. Sony Electronics Inc., et al.
`EXHIBIT C TO PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
`
`U.S. Pat. No. 8,848,556
`
`’556 SONY ACCUSED PRODUCTS1
`
`13. A non-transitory computer readable
`medium encoded with a computer
`program that, when executed in hardware,
`causes the hardware to perform a process,
`the process comprising:
`
`Sony, T-Mobile, and Verizon make, use, sell, offer to sell, and/or import the ’556
`Sony Accused Products2, each of which is a cellular device that includes and
`performs the features and capabilities described in this claim.
`Plaintiff contends that each Defendant infringes this claim because it makes, uses,
`sells, offers to sell, and/or imports the ’556 Sony Accused Products, each of
`which includes and/or practices each and every element of this claim.
`Additionally, each Defendant indirectly infringes this claim by (1) inducing, with
`knowledge of the patent (at least by virtue of disclosure to ETSI), its customers’
`(e.g., end users, carriers) use of the ’556 Sony Accused Products to practice each
`and every one of the following claim elements with knowledge that such practice
`infringes this claim and intent to cause such infringement (as evidenced for
`example, in user guides and other instructional materials provided by each
`Defendant such as instructions to operate the Accused Product within a provided
`service area), and/or (2) contributing to direct infringement by customers (e.g.,
`end users, carriers) that use the ’556 Sony Accused Products to practice each and
`every one of the following claim elements, with knowledge that the infringing
`components of the ’556 Sony Accused Products have no substantial non-
`infringing uses (by their nature as proprietary hardware components and software
`instructions that work in concert to perform specific, intended functions) and that
`the combination for which such components were made infringes this claim.
`Each ’556 Sony Accused Product is a terminal (UE) that contains the
`functionality as set forth in this claim. Specifically, each ’556 Sony Accused
`Product is a cellular device that includes hardware and software (including
`
`
`1 Discovery in this case has not begun. Accordingly, Plaintiff expects that these contentions may be subject to supplementation and/or amendment after further
`discovery and disclosure of Defendant’s non-infringement positions in order to focus the issues in this case. For example, Plaintiff may supplement these
`contentions in response to information learned during discovery to rebut allegations of non-infringement under the doctrine of equivalents. Additionally,
`Plaintiff expects that these contentions may be subject to amendment or supplementation to identify and accuse additional devices released, developed, or made
`available after the date on which these contentions are served.
`2 The ’556 Sony Accused Products include the following products: Xperia Z3, Xperia Z1s, Xperia Z3v, Xperia Z3 Compact, Xperia Z1 Compact, Xperia Z1,
`Xperia Ultra. Evidence supporting the use of relevant technology contained within this chart is listed in Appendix C-1.
`
`
`
`
`
`1
`
`

`

`Case 6:14-cv-00982-KNM Document 185-5 Filed 01/14/16 Page 12 of 12 PageID #: 2546
`
`Cellular Communications Equipment LLC v. Sony Electronics Inc., et al.
`EXHIBIT C TO PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
`
`U.S. Pat. No. 8,848,556
`
`’556 SONY ACCUSED PRODUCTS1
`memory, one or more processors, radios, firmware, and drivers) configured to
`support and provide wireless communications in an LTE-A network
`environment. As such, each ’556 Sony Accused Product is compliant with and
`supports technical specifications published by 3GPP and ETSI for LTE-A
`technology, including TS 36.321 and TS 36.331.3 Indeed, the ’556 patent is
`essential to compliance with LTE-A standards.
`Each ’556 Sony Accused Product comprises a non-transitory computer readable
`medium encoded with a computer program that, when executed in hardware, such
`as a baseband processor, causes the hardware to perform a process, the process
`comprising the steps described below.
`CCE alternatively contends that this claim element is met under the doctrine of
`equivalents because above-described features of the Accused Products perform
`substantially the same function recited in this element, in substantially the same
`way to achieve substantially the same result. Any alleged differences between
`the above-described features and the recited element are insubstantial and
`immaterial to infringement.
`
`preparing a power headroom report
`control element,
`
`Each ’556 Sony Accused Product contains a computer program that, when
`executed in hardware, causes the hardware to prepare a power headroom report
`control element. This is described in TS 36.321:
`
`
`3 See, e.g., TS 36.321 V11.0.0 http://www.etsi.org/deliver/etsi ts/136300 136399/136321/11.00.00 60/ts 136321v110000p.pdf, TS 36.331V10.7.0
`http://www.etsi.org/deliver/etsi ts/136300 136399/136331/10.07.00 60/ts 136331v100700p.pdf.
`
`
`
`
`
`
`
`2
`
`