Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 1 of 22 PageID 2397
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
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`MOBILEMEDIA IDEAS LLC,
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`v.
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`RESEARCH IN MOTION LIMITED and
`RESEARCH IN MOTION
`CORPORATION
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`Plaintiff,
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`Defendants.
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`
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`CASE NO. 3:11-cv-02353-N
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`JURY TRIAL DEMANDED
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`§
`§
`§
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`§
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`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff MobileMedia Ideas LLC (“MMI”), by and through its undersigned
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`attorneys, demands a trial by jury on all issues and hereby alleges as follows for its Amended
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`Complaint against Defendants Research in Motion Limited (“RIM Ltd.”) and Research in
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`Motion Corporation (“RIM Corp.”) (collectively, “Defendants”):
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`PARTIES
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`1.
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`Plaintiff MMI is a limited liability company organized and existing under
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`the laws of the State of Delaware and has its principal place of business in Chevy Chase,
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`Maryland. MMI owns the patents at issue in this litigation.
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`2.
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`Defendant RIM Ltd. is a corporation organized and existing under the
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`laws of the province of Ontario, Canada, with its principal place of business in Ontario, Canada.
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`RIM Ltd. is engaged in the design, manufacture, marketing and sale of, among other things,
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`smartphones including the Pearl 8100 series, the Pearl Flip 8200 series, the 8800 series, the
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`Curve 8900 model, the Curve 8300 series, the Curve 8500 series, the Bold 9000 model, the
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 2 of 22 PageID 2398
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`Storm 9530 model, the Storm II 9550 model, the Tour 9630 model, the Curve 9300 series, the
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`Pearl 9100 model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch
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`9800 model and the Bold 9780 model. RIM Ltd. sells its smartphone products in this district and
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`throughout the United States.
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`3.
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`Defendant RIM Corp. is a corporation organized and existing under the
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`laws of the State of Delaware, with its principal place of business in Irving, Texas. On
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`information and belief, RIM Corp. is a wholly owned subsidiary of RIM Ltd. and serves as a
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`representative of RIM Ltd. for purposes of conducting business in the United States, including
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`but not limited to offering to sell, selling and marketing in the United States smartphones
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`including the Pearl 8100 series, the Pearl Flip 8200 series, the 8800 series, the Curve 8900
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`model, the Curve 8300 series, the Curve 8500 series, the Bold 9000 model, the Storm 9530
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`model, the Storm II 9550 model, the Tour 9630 model, the Curve 9300 series, the Pearl 9100
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`model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800 model
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`and the Bold 9780 model. RIM Corp. sells smartphone products in this district and throughout
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`the United States.
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States. MMI asserts
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`claims for patent infringement under 35 U.S.C. §§ 271 and 281.
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`5.
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`This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331
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`and 1338.
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`6.
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`RIM Ltd. and RIM Corp. transact business in this district and are subject
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`to personal jurisdiction and venue in this district pursuant to 28 U.S.C. § 1400(b) and 28 U.S.C.
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`§§ 1391(c) and (d).
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 3 of 22 PageID 2399
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`SUMMARY OF CLAIMS
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`7.
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`This is a patent infringement action brought by MMI against Defendants
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`for Defendants’ infringement of MMI’s patents.
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`8.
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`MMI owns all of the patents-in-suit and offers non-exclusive licenses
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`under the MMI patents.
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`9.
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`Defendants are infringing the patents-in-suit by, among other things,
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`making, importing, using, offering to sell and/or selling in the United States and in this judicial
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`district Defendants’ smartphone products, which employ MMI patented technology.
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`10.
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`In making, importing, using, offering to sell and/or selling the infringing
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`products, providing customers with instructions about the use of such products and continuing
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`such acts, Defendants knew or should have known the products would be used in an infringing
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`manner. Defendants intended to encourage this infringement and continue to do so.
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`Patents-In-Suit
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`FACTS
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`11.
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`United States Patent No. 5,479,476 (the “’476 Patent”) was duly and
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`legally issued on December 26, 1995 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Mobile telephone having groups of user adjustable operating characteristics
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`for facilitating adjustment of several operating characteristics.” Plaintiff MMI owns and holds
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`the rights to the ’476 Patent, a copy of which is attached hereto as Exhibit A.
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`12.
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`United States Patent No. 5,845,219 (the “’219 Patent”) was duly and
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`legally issued on December 1, 1998 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Mobile station having priority call altering function during silent service
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`mode.” Plaintiff MMI owns and holds the rights to the ’219 Patent, a copy of which is attached
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 4 of 22 PageID 2400
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`hereto as Exhibit B.
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`13.
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`United States Patent No. 6,055,439 (the “’439 Patent”) was duly and
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`legally issued on April 25, 2000 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Mobile telephone user interface.” Plaintiff MMI owns and holds the rights to the ’439
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`Patent, a copy of which is attached hereto as Exhibit C.
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`14.
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`United States Patent No. 6,253,075 (the “’075 Patent”) was duly and
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`legally issued on June 26, 2001 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Method and apparatus for incoming call rejection.” Plaintiff MMI owns and holds the
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`rights to the ’075 Patent, a copy of which is attached hereto as Exhibit D.
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`15.
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`United States Patent No. 6,427,078 (the “’078 Patent”) was duly and
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`legally issued on July 30, 2002 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Device for personal communications, data collection and data processing, and a circuit
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`card.” Plaintiff MMI owns and holds the rights to the ’078 Patent, a copy of which is attached
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`hereto as Exhibit E.
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`16.
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`United States Patent No. Re. 39231 (the “’231 Patent”) was duly and
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`legally issued on August 8, 2006 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Communication terminal equipment and call incoming control method.” Plaintiff MMI
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`owns and holds the rights to the ’231 Patent, a copy of which is attached hereto as Exhibit F.
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`17.
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`United States Patent No. 5,732,390 (the “’390 Patent”) was duly and
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`legally issued on March 24, 1998 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Speech signal transmitting and receiving apparatus with noise sensitive volume
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`control.” Plaintiff MMI owns and holds the rights to the ’390 Patent, a copy of which is attached
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`hereto as Exhibit G.
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 5 of 22 PageID 2401
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`18.
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`United States Patent No. 5,737,394 (the “’394 Patent”) was duly and
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`legally issued on April 7, 1998 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Portable telephone apparatus having a plurality of selectable functions activated by the
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`use of dedicated and/or soft keys.” Plaintiff MMI owns and holds the rights to the ’394 Patent, a
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`copy of which is attached hereto as Exhibit H.
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`19.
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`United States Patent No. 6,070,068 (the “’068 Patent”) was duly and
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`legally issued on May 30, 2000 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Communication terminal device and method for controlling a connecting state of a call
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`into a desired connection state upon a predetermined operation by a user.” Plaintiff MMI owns
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`and holds the rights to the ’068 Patent, a copy of which is attached hereto as Exhibit I.
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`20.
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`United States Patent No. 6,389,301 (the “’301 Patent”) was duly and
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`legally issued on May 14, 2002 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Portable radio information terminal apparatus, display screen operating method,
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`recording medium, and microcomputer apparatus.” Plaintiff MMI owns and holds the rights to
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`the ’301 Patent, a copy of which is attached hereto as Exhibit J.
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`21.
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`United States Patent No. 6,446,080 (the “’080 Patent”) was duly and
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`legally issued on September 3, 2002 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Method for creating, modifying, and playing a custom playlist, saved as a
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`virtual CD, to be played by a digital audio/visual actuator device.” Plaintiff MMI owns and
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`holds the rights to the ’080 Patent, a copy of which is attached hereto as Exhibit K.
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`22.
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`United States Patent No. 7,349,012 (the “’012 Patent”) was duly and
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`legally issued on March 25, 2008 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Imaging apparatus with higher and lower resolution converters and a compression unit
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 6 of 22 PageID 2402
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`to compress decreased resolution image data.” Plaintiff MMI owns and holds the rights to the
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`’012 Patent, a copy of which is attached hereto as Exhibit L.
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`23.
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`United States Patent No. 5,490,170 (the “’170 Patent”) was duly and
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`legally issued on February 6, 1996 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Coding apparatus for digital signal.” Plaintiff MMI owns and holds the rights
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`to the ’170 Patent, a copy of which is attached hereto as Exhibit M.
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`24.
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`United States Patent No. 6,049,796 (the “’796 Patent”) was duly and
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`legally issued on April 11, 2000 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Personal digital assistant with real time search capability.” Plaintiff MMI owns and
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`holds the rights to the ’796 Patent, a copy of which is attached hereto as Exhibit N.
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`25.
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`United States Patent No. 6,871,048 (the “’048 Patent”) was duly and
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`legally issued on March 22, 2005 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Mobil[e] communication apparatus and information providing system using the mobile
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`communication apparatus.” Plaintiff MMI owns and holds the rights to the ’048 Patent, a copy
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`of which is attached hereto as Exhibit O.
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`26.
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`United States Patent No. 6,441,828 (the “’828 Patent”) was duly and
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`legally issued on August 27, 2002 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Image display apparatus.” Plaintiff MMI owns and holds the rights to the
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`’828 Patent, a copy of which is attached hereto as Exhibit P.
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`Notice to Defendants
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`27.
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`On February 16, 2010, RIM Ltd. was notified by letter that its products,
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`including but not limited to the infringing products listed herein, have infringed and continue to
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`infringe the patents-in-suit.
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 7 of 22 PageID 2403
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`28.
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`On February 16, 2010, RIM Corp. was notified by letter that its products,
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`including but not limited to the infringing products listed herein, have infringed and continue to
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`infringe the patents-in-suit.
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`FIRST CAUSE OF ACTION
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`(Infringement of the ’476 Patent)
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`29. MMI repeats and realleges paragraphs 1 through 28 of its Amended
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`Complaint as though fully set forth in this paragraph.
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`30. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’476 Patent.
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`31.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
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`devices, including the 8800 series, the Tour 9630 model, the Curve 8300 series, the Curve 8500
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`series, the Curve 8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Bold 9000
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`model, the Storm 9530 model, the Storm II 9550 model, the Curve 9300 series, the Pearl 9100
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`model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Bold 9780 model
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`and the Torch 9800 model, in violation of 35 U.S.C. § 271.
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`32.
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`RIM Ltd. and RIM Corp.’s infringement of the ’476 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`33.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 8 of 22 PageID 2404
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`SECOND CAUSE OF ACTION
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`(Infringement of the ’219 Patent)
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`34. MMI repeats and realleges paragraphs 1 through 33 of its Amended
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`Complaint as though fully set forth in this paragraph.
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`35. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’219 Patent.
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`36.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
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`devices, including the 8800 series, the Tour 9630 model, the Curve 8300 series, the Curve 8500
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`series, the Curve 8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Bold 9000
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`model, the Storm 9530 model, the Storm II 9550 model, the Curve 9300 series, the Pearl 9100
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`model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800 model
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`and the Bold 9780 model, in violation of 35 U.S.C. § 271.
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`37.
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`RIM Ltd. and RIM Corp.’s infringement of the ’219 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`38.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`THIRD CAUSE OF ACTION
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`(Infringement of the ’439 Patent)
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`39. MMI repeats and realleges paragraphs 1 through 38 of its Amended
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`Complaint as though fully set forth in this paragraph.
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 9 of 22 PageID 2405
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`40. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’439 Patent.
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`41.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
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`devices, including the 8800 series, the Tour 9630 model, the Curve 8300 series, the Curve 8500
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`series, the Curve 8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Bold 9000
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`model, the Storm 9530 model, the Storm II 9550 model, the Curve 9300 series, the Pearl 9100
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`model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800 model
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`and the Bold 9780 model, in violation of 35 U.S.C. § 271.
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`42.
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`RIM Ltd. and RIM Corp.’s infringement of the ’439 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`43.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`FOURTH CAUSE OF ACTION
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`(Infringement of the ’075 Patent)
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`44. MMI repeats and realleges paragraphs 1 through 43 of its Amended
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`Complaint as though fully set forth in this paragraph.
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`45. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’075 Patent.
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`46.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
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`devices, including the 8800 series, the Tour 9630 model, the Curve 8300 series, the Curve 8500
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 10 of 22 PageID 2406
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`series, the Curve 8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Bold 9000
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`model, the Storm 9530 model, the Storm II 9550 model, the Curve 9300 series, the Pearl 9100
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`model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800 model
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`and the Bold 9780 model, in violation of 35 U.S.C. § 271.
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`47.
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`RIM Ltd. and RIM Corp.’s infringement of the ’075 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`48.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`FIFTH CAUSE OF ACTION
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`(Infringement of the ’078 Patent)
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`49. MMI repeats and realleges paragraphs 1 through 48 of its Amended
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`Complaint as though fully set forth in this paragraph.
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`50. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’078 Patent.
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`51.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
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`devices, including the Tour 9630 model, the Curve 8300 series, the Curve 8500 series, the Curve
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`8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Bold 9000 model, the Storm
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`9530 model, the Storm II 9550 model, the Curve 9300 series, the Pearl 9100 model, the Style
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`9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800 model and the Bold
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`9780 model, in violation of 35 U.S.C. § 271.
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 11 of 22 PageID 2407
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`52.
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`RIM Ltd. and RIM Corp.’s infringement of the ’078 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`53.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`SIXTH CAUSE OF ACTION
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`(Infringement of the ’231 Patent)
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`54. MMI repeats and realleges paragraphs 1 through 53 of its Amended
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`Complaint as though fully set forth in this paragraph.
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`55. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’231 Patent.
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`56.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
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`devices, including the 8800 series, the Tour 9630 model, the Curve 8300 series, the Curve 8500
`
`series, the Curve 8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Bold 9000
`
`model, the Storm 9530 model, the Storm II 9550 model, the Curve 9300 series, the Pearl 9100
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`model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800 model
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`and the Bold 9780 model, in violation of 35 U.S.C. § 271.
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`57.
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`RIM Ltd. and RIM Corp.’s infringement of the ’231 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`58.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 12 of 22 PageID 2408
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`SEVENTH CAUSE OF ACTION
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`(Infringement of the ’390 Patent)
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`59. MMI repeats and realleges paragraphs 1 through 58 of its Amended
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`Complaint as though fully set forth in this paragraph.
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`60. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’390 Patent.
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`61.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
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`devices, including the Tour 9630 model, the Curve 8500 series, the Pearl 8100 series, the Pearl
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`Flip 8200 series, the Storm 9530 model, the Storm II 9550 model, the Curve 9300 series, the
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`Bold 9650 model and the Style 9670 model, in violation of 35 U.S.C. § 271.
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`62.
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`RIM Ltd. and RIM Corp.’s infringement of the ’390 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`63.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`EIGHTH CAUSE OF ACTION
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`(Infringement of the ’394 Patent)
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`64. MMI repeats and realleges paragraphs 1 through 63 of its Amended
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`Complaint as though fully set forth in this paragraph.
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`65. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’394 Patent.
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 13 of 22 PageID 2409
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`66.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
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`devices, including the 8800 series, the Tour 9630 model, the Curve 8300 series, the Curve 8500
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`series, the Pearl Flip 8200 series, the Bold 9000 model, the Storm 9530 model, the Storm II 9550
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`model, the Curve 9300 series, the Style 9670 model, the Bold 9700 model, the Bold 9650 model,
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`the Torch 9800 model and the Bold 9780 model, in violation of 35 U.S.C. § 271.
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`67.
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`RIM Ltd. and RIM Corp.’s infringement of the ’394 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`68.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`NINTH CAUSE OF ACTION
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`(Infringement of the ’068 Patent)
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`69. MMI repeats and realleges paragraphs 1 through 68 of its Amended
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`Complaint as though fully set forth in this paragraph.
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`70. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’068 Patent.
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`71.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
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`devices, including the 8800 series, the Tour 9630 model, the Curve 8300 series, the Curve 8500
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`series, the Curve 8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Pearl 9100
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`model, the Bold 9000 model, the Storm 9530 model, the Storm II 9550 model, the Curve 9300
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`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 14 of 22 PageID 2410
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`series, the Bold 9650 model, the Style 9670 model, the Bold 9700 model, the Bold 9780 model
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`and the Torch 9800 model, in violation of 35 U.S.C. § 271.
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`72.
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`RIM Ltd. and RIM Corp.’s infringement of the ’068 Patent is willful and
`
`in deliberate disregard of MMI’s rights under the patent.
`
`73.
`
`As a result of Defendants’ patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
`
`their infringing devices in the marketplace.
`
`TENTH CAUSE OF ACTION
`
`(Infringement of the ’301 Patent)
`
`74. MMI repeats and realleges paragraphs 1 through 73 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`75. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’301 Patent.
`
`76.
`
`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
`
`devices, including the 8800 series, the Tour 9630 model, the Curve 8300 series, the Curve 8500
`
`series, the Curve 8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Bold 9000
`
`model, the Storm 9530 model, the Storm II 9550 model, the Curve 9300 series, the Pearl 9100
`
`model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800 model
`
`and the Bold 9780 model, in violation of 35 U.S.C. § 271.
`
`77.
`
`RIM Ltd. and RIM Corp.’s infringement of the ’301 Patent is willful and
`
`in deliberate disregard of MMI’s rights under the patent.
`
`
`
`- 14 -
`
`

`
`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 15 of 22 PageID 2411
`
`
`
`
`
`78.
`
`As a result of Defendants’ patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
`
`their infringing devices in the marketplace.
`
`ELEVENTH CAUSE OF ACTION
`
`(Infringement of the ’080 Patent)
`
`79. MMI repeats and realleges paragraphs 1 through 78 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`80. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’080 Patent.
`
`81.
`
`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
`
`devices, including the 8800 series, the Tour 9630 model, the Curve 8300 series, the Curve 8500
`
`series, the Curve 8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Bold 9000
`
`model, the Storm 9530 model, the Storm II 9550 model, the Curve 9300 series, the Pearl 9100
`
`model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800 model
`
`and the Bold 9780 model, in violation of 35 U.S.C. § 271.
`
`82.
`
`RIM Ltd. and RIM Corp. actively induce the infringement of this patent
`
`by providing step-by-step instructions of how to use the smartphones in an infringing manner in
`
`connection with computers using the Media Manager software provided in the smartphone
`
`packaging (“packaged software”) by RIM Ltd. and/or RIM Corp. and/or on the RIM website.
`
`The instructions are found in the user guides provided with the smartphones and on the RIM
`
`website, which is referenced by the packaged software and user guides.
`
`
`
`- 15 -
`
`

`
`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 16 of 22 PageID 2412
`
`
`
`
`
`83.
`
`RIM Ltd. and RIM Corp. also actively induce the infringement of this
`
`patent by providing step-by-step instructions of how to use the smartphones in an infringing
`
`manner in connection with computers using the Active Sync software provided by RIM in
`
`connection with Apple’s iTunes and/or Microsoft’s Windows Media Player software. The
`
`instructions are found in the user guides provided with the smartphones and on the RIM website,
`
`which is referenced by the packaged software and user guides.
`
`84.
`
`At least since the February 16, 2010 actual notice of infringement, RIM
`
`Ltd. and RIM Corp. knew or should have known that the smartphones would be used in an
`
`infringing manner, and RIM Ltd. and RIM Corp. intended to encourage this infringement and
`
`continue to do so.
`
`85.
`
`RIM Ltd. and RIM Corp.’s infringement of the ’080 Patent is willful and
`
`in deliberate disregard of MMI’s rights under the patent.
`
`86.
`
`As a result of Defendants’ patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
`
`their infringing devices in the marketplace.
`
`TWELFTH CAUSE OF ACTION
`
`(Infringement of the ’012 Patent)
`
`87. MMI repeats and realleges paragraphs 1 through 86 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`88. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’012 Patent.
`
`89.
`
`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
`
`
`
`- 16 -
`
`

`
`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 17 of 22 PageID 2413
`
`
`
`
`
`devices, including the Tour 9630 model, the Curve 8300 series, the Curve 8500 series, the Curve
`
`8900 model, the Pearl 8100 series, the Pearl Flip 8200 series, the Bold 9000 model, the Curve
`
`9300 series, the Pearl 9100 model, the Style 9670 model, the Bold 9700 model, the Bold 9650
`
`model, the Torch 9800 model, the Bold 9780 model, the Storm 9530 model and the Storm II
`
`9550 model, in violation of 35 U.S.C. § 271.
`
`90.
`
`RIM Ltd. and RIM Corp.’s infringement of the ’012 Patent is willful and
`
`in deliberate disregard of MMI’s rights under the patent.
`
`91.
`
`As a result of Defendants’ patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
`
`their infringing devices in the marketplace.
`
`THIRTEENTH CAUSE OF ACTION
`
`(Infringement of the ’170 Patent)
`
`92. MMI repeats and realleges paragraphs 1 through 91 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`93. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’170 Patent.
`
`94. RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
`
`devices, including the Pearl 8100 series, the Pearl Flip 8200 series, the 8800 series, the Curve
`
`8900 model, the Curve 8300 series, the Curve 8500 series, the Bold 9000 model, the Storm
`
`9530 model, the Storm II 9550 model, the Tour 9630 model, the Curve 9300 series, the Pearl
`
`9100 model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800
`
`model and the Bold 9780 model, in violation of 35 U.S.C. § 271.
`
`
`
`- 17 -
`
`

`
`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 18 of 22 PageID 2414
`
`
`
`
`
`95. RIM Ltd. and RIM Corp.’s infringement of the ’170 Patent is willful and
`
`in deliberate disregard of MMI’s rights under the patent.
`
`96. As a result of Defendants’ patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
`
`their infringing devices in the marketplace.
`
`FOURTEENTH CAUSE OF ACTION
`
`(Infringement of the ’796 Patent)
`
`97. MMI repeats and realleges paragraphs 1 through 96 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`98. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’796 Patent.
`
`99. RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
`
`devices, including the Pearl 8100 series, the Pearl Flip 8200 series, the 8800 series, the Curve
`
`8900 model, the Curve 8300 series, the Curve 8500 series, the Bold 9000 model, the Storm
`
`9530 model, the Storm II 9550 model, the Tour 9630 model, the Curve 9300 series, the Pearl
`
`9100 model, the Style 9670 model, the Bold 9700 model, the Bold 9650 model, the Torch 9800
`
`model and the Bold 9780 model, in violation of 35 U.S.C. § 271.
`
`100. RIM Ltd. and RIM Corp.’s infringement of the ’796 Patent is willful and
`
`in deliberate disregard of MMI’s rights under the patent.
`
`101. As a result of Defendants’ patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
`
`their infringing devices in the marketplace.
`
`
`
`- 18 -
`
`

`
`Case 3:11-cv-02353-N Document 164 Filed 11/04/11 Page 19 of 22 PageID 2415
`
`
`
`
`
`FIFTEENTH CAUSE OF ACTION
`
`(Infringement of the ’048 Patent)
`
`102. MMI repeats and realleges paragraphs 1 through 101 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`103. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’048 Patent.
`
`104. RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing smartphone
`
`devices, including the Pearl 8100 series, the Pearl Flip 8200 series, the 8800 series, the Curve
`
`8900 model, the Curve 8300 series, the Curve 8500 series, the Bold 9000 model, the Storm
`
`9530 model, the Storm II 9550 model, the Tour 9630 model, the Curve 9300 series, the Pearl
`
`9100 model, the Style 9670 model, the Bold 9700 model, the Bold