Case 1:18-cv-00992-LY Document 1 Filed 11/17/18 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`UNILOC 2017 LLC,
`
`Case No.
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its complaint against defendant, Apple, Inc.
`
`(“Apple”), 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.
`
`Apple is a California corporation, having a regular and established places of
`
`business at 12535 Riata Vista Circle and 5501 West Parmer Lane, Austin, Texas.
`
`3.
`
`Apple also operates Apple Stores at Barton Creek Square, Austin and at Apple
`
`Domain Northside, Austin, Texas, where it uses, offers for sale, and sells iPhones, iPads, iPods,
`
`and Mac products that include Apple’s FaceTime functionality. Apple may be served with
`
`process through its registered agent for service in Texas: CT Corporation System, 1999 Bryant
`
`Street, Suite 900, Dallas, Texas 75201.
`
`3080194.v1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`UNILOC 2017 LLC,
`
`Case No.
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its complaint against defendant, Apple, Inc.
`
`(“Apple”), 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.
`
`Apple is a California corporation, having a regular and established places of
`
`business at 12535 Riata Vista Circle and 5501 West Parmer Lane, Austin, Texas.
`
`3.
`
`Apple also operates Apple Stores at Barton Creek Square, Austin and at Apple
`
`Domain Northside, Austin, Texas, where it uses, offers for sale, and sells iPhones, iPads, iPods,
`
`and Mac products that include Apple’s FaceTime functionality. Apple may be served with
`
`process through its registered agent for service in Texas: CT Corporation System, 1999 Bryant
`
`Street, Suite 900, Dallas, Texas 75201.
`
`3080194.v1
`
`
`
`Case 1:18-cv-00992-LY Document 1 Filed 11/17/18 Page 2 of 5
`
`JURISDICTION
`
`4.
`
`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 subject matter jurisdiction under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`CLAIM FOR PATENT INFRINGEMENT
`
`5.
`
`Uniloc is the owner, by assignment, of U.S. Patent No. 8,539,552 titled SYSTEM
`
`AND METHOD FOR NETWORK BASED POLICY ENFORCEMENT OF INTELLIGENT-
`
`CLIENT FEATURES, which issued September 17, 2013 (“the ’552 Patent”). A copy of the ’522
`
`patent is attached as Exhibit A.
`
`6.
`
`The ’552 Patent describes in detail, and claims in various ways, inventions in
`
`providing network based policy enforcement of intelligent-client features in IP telephony and
`
`multimedia networks.
`
`7.
`
`The written description of the ’552 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.
`
`8.
`
`Apple imports, makes, uses, offers for sale, and sells computer network servers
`
`(“FaceTime Server(s)”) programmed by or for Apple to establish FaceTime communications
`
`between Apple FaceTime-enabled devices, including the iPhone4 and later versions; iPad2 and
`
`later versions; iPad Mini; iPod Touch 4th gen. and later versions; and MacBooks running OS X
`
`and later versions.
`
`9.
`
`The FaceTime Servers communicate with Apple FaceTime-enabled devices over
`
`packet-based networks, such as WiFi and cellular 3G and LTE telephone networks.
`
`2
`
`
`
`Case 1:18-cv-00992-LY Document 1 Filed 11/17/18 Page 3 of 5
`
`10. When an Apple FaceTime-enabled device receives a network connection, it
`
`registers, e.g., via SMS messaging for iPhones, with one or more FaceTime Servers (e.g., IP
`
`17.155.5.251), which establishes a binding, for example, using Apple’s push notification servers,
`
`with the Apple FaceTime-enabled device’s address (phone number in the case of iPhones, Apple
`
`ID for other devices). The FaceTime Server stores caller IDs, and uses them to authenticate
`
`FaceTime users’ devices.
`
`11.
`
`A user having multiple active telephone numbers and email addresses may select
`
`and store one number/address that will serve as the user’s caller ID.
`
`12. When a user initiates a FaceTime call from an Apple FaceTime-enabled device,
`
`the device sends an encrypted query to one or more FaceTime Server(s) to indicate a FaceTime
`
`session is desired and to obtain the IP address of the target Apple FaceTime-enabled device.
`
`13.
`
`The FaceTime Server receiving the query determines whether the intended target
`
`is a registered authorized FaceTime user and, if so, sets up the FaceTime connection. When the
`
`connection is established, the target’s device displays either the sender’s telephone number or
`
`email address, depending upon which identifier the sender has selected to be his/her caller ID.
`
`14.
`
`Once the connection has been authenticated and established by the FaceTime
`
`Server, the sender and the target can communicate over the WiFI or 3G/LTE network using the
`
`FaceTime feature incorporated by Apple into the Apple FaceTime-enabled devices.
`
`15.
`
`Apple has infringed, and continues to infringe, at least claims 1, 5-9, 18-21, and
`
`23 of the ’552 Patent in the United States by importing, making, using, offering for sale, and
`
`selling the accused FaceTime Servers as described above.
`
`16.
`
`Apple may have infringed the ’552 Patent through other software and devices
`
`utilizing the same or reasonably similar FaceTime Server functionality as described above.
`
`3
`
`
`
`Case 1:18-cv-00992-LY Document 1 Filed 11/17/18 Page 4 of 5
`
`17.
`
`Uniloc has been damaged by Apple’s infringement of the ’552 Patent.
`
`PRAYER FOR RELIEF
`
`Uniloc requests that the Court enter judgment against Apple:
`
`(A)
`
`(B)
`
`’552 Patent;
`
`(C)
`
`(D)
`
`declaring that Apple has infringed the ’552 Patent;
`
`awarding Uniloc its damages suffered as a result of Apple’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 of all issues so triable under Fed. R. Civ. P. 38.
`
`4
`
`
`
`Case 1:18-cv-00992-LY Document 1 Filed 11/17/18 Page 5 of 5
`
`Date: November 17, 2018
`
`Respectfully submitted,
`
`/s/ Aaron Jacobs
`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: 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 PLAINTIFF
`
`5
`
`
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