Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 1 of 31
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No. 6:20-cv-00085-ADA
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`JURY TRIAL DEMANDED
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`NAVBLAZER, LLC,
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`Plaintiff
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` v.
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`APPLE, INC.,
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`
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`Defendant
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`NavBlazer, LLC (“NavBlazer”) hereby files this First Amended Complaint for Patent
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`Infringement against Defendant Apple, Inc. (“Apple”), and alleges, upon information and belief, as
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`follows:
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`THE PARTIES
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`1. NavBlazer is a limited liability company organized and existing under the laws of the State of
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`Florida with its principal place of business at 600 S. Dixie Highway, Suite 605, West Palm
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`Beach, Florida 33401.
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`2. Apple is a California corporation with its principal place of business at 1 Infinite Loop,
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`Cupertino, California 95014. Apple may be served with process through its registered agent CT
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`Corporation System, located at 1999 Bryan St., Suite 900, Dallas, Texas 75201. Apple designs,
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`manufactures, makes, uses, imports into the United States, sells, and/or offers for sale in the
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`United States Apple smartphones, tablets, smartwatches, macs, and Apple servers. Apple’s
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`
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`Case No. 6:20-cv-00085-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
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`
`
`
`
`NAVBLAZER, LLC,
`
`
`
`
`
`Plaintiff
`
` v.
`
`APPLE, INC.,
`
`
`
`
`Defendant
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`NavBlazer, LLC (“NavBlazer”) hereby files this First Amended Complaint for Patent
`
`Infringement against Defendant Apple, Inc. (“Apple”), and alleges, upon information and belief, as
`
`follows:
`
`THE PARTIES
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`1. NavBlazer is a limited liability company organized and existing under the laws of the State of
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`Florida with its principal place of business at 600 S. Dixie Highway, Suite 605, West Palm
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`Beach, Florida 33401.
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`2. Apple is a California corporation with its principal place of business at 1 Infinite Loop,
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`Cupertino, California 95014. Apple may be served with process through its registered agent CT
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`Corporation System, located at 1999 Bryan St., Suite 900, Dallas, Texas 75201. Apple designs,
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`manufactures, makes, uses, imports into the United States, sells, and/or offers for sale in the
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`United States Apple smartphones, tablets, smartwatches, macs, and Apple servers. Apple’s
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 2 of 31
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`smartphones, tablets, smartwatches, and macs are marketed, used, offered for sale, and/or sold
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`throughout the United States, including within this district.
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`
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`JURISDICTION AND VENUE
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`3. This Court has subject matter jurisdiction over this case under 28 U.S.C. §§ 1331, 1332, 1338,
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`and 1367.
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`4. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`5. This Court has personal jurisdiction over Apple. Apple has continuous and systematic business
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`contacts with the state of Texas. Apple, directly or through subsidiaries or intermediaries
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`(including distributors, retailers, and others), conducts its business extensively throughout Texas,
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`by shipping, distributing, making, using, offering for sale, selling, and advertising (including the
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`provision of interactive web pages) its products and services in the state of Texas and the
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`Western District of Texas. Apple, directly and through subsidiaries or intermediaries (including
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`distributors, retailers, and others), has purposefully and voluntarily placed infringing products
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`and services into this district and into the stream of commerce with the intention and expectation
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`that they will be purchased and used by consumers in this district. Apple has offered and sold
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`and continues to offer and sell these infringing products and services in this district, including at
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`physical Apple stores located within this district. Apple and its customers also commit additional
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`acts of direct infringement in this district with respect to each asserted patent through their
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`infringing use of the accused devices, including Apple’s servers, in this district, including when
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`Apple and its customers put the accused devices into service and receive a benefit, and Apple is
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`liable for these additional acts of direct infringement and indirect infringement in this district.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 2
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 3 of 31
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`Apple has committed acts of infringement, both direct and indirect, in this district with respect to
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`each asserted patent and has a regular and established place of business in this judicial district.
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`
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`U.S. PATENT NOS. 9,075,136 AND 9,885,782
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`6. NavBlazer is the owner, by assignment, of U.S. Patent No. 9,075,136 and 9,885,782, each
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`entitled “VEHICLE OPERATOR AND/OR OCCUPANT INFORMATION APPARATUS AND
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`METHOD” (hereinafter collectively referred to as “the Patents-in-Suit”).
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`7. The patent application that issued as the ’782 Patent is a continuation application of U.S. Patent
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`Application Ser. No. 09/259,957, filed March 1, 1999, and entitled “VEHICLE OPERATOR
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`AND/OR OCCUPANT INFORMATION APPARATUS AND METHOD”, now U.S. Pat. No.
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`9,075,136. U.S. Patent Application Ser. No. 09/259,957, filed March 1, 1999, claims priority to
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`U.S. Provisional Patent Application Ser. No. 60/076,800, filed March 4, 1998, and entitled
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`“VEHICLE OPERATOR AND/OR OCCUPANT INFORMATION APPARATUS AND
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`METHOD.”
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`8. The Patents-in-Suit are valid, enforceable, and were duly issued in full compliance with Title 35
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`of the United States Code.
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`9. The inventions described and claimed in the Patents-in-Suit were invented by Raymond Anthony
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`Joao.
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`10. The priority date of each of the Patents-in-Suit is at least as early as March 4, 1998.
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`11. The Patents-in-Suit relate generally to an apparatus and method for providing a user with one or
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`more possible travel routes to a destination, as well as additional information regarding the one
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`or more possible travel routes, such as traffic conditions, road conditions, traffic flow, weather
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`information and/or other useful information.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 3
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 4 of 31
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`12. During prosecution of the ’782 Patent, the patent examiner considered whether the claims of the
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`’782 Patent were eligible under 35 USC §101 in view of the United States Supreme Court’s
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`decision in Alice. The patent examiner found that the claims are in fact patent eligible under 35
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`USC §101 because all pending claims are directed to patent-eligible subject matter, none of the
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`pending claims are directed to an abstract idea and there would be no preemption of the abstract
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`idea or the field of the abstract idea.
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`ACCUSED INSTRUMENTALITIES
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`13. Upon information and belief, Apple, under the brand name “iPhone” and “iPad” sells, advertises,
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`offers for sale, uses, or otherwise provides mobile devices with navigation functionality. Upon
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`information and belief, these products include, but are not necessarily limited to, “iPhone 5C,”
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`“iPhone 5S,” “iPhone 6,” “iPhone 6 Plus,” “iPhone 6S,” “iPhone 6S Plus,” “iPhone SE,” “iPhone
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`7,” “iPhone 7 Plus,” “iPhone 8,” “iPhone 8 Plus,” “iPhone X,” “iPhone XS,” “iPhone XS Max,”
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`“iPhone XR,” “iPhone 11,” “iPhone 11 Pro,” “iPhone 11 Pro Max,” “iPad” (2nd generation and
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`higher), “iPad 2,” “iPad Air,” “iPad Mini” (all generations), “iPad Mini 2,” iPad Mini 3,” “iPad
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`Air 2,” “iPad Mini 4,” and “iPad Pro” (all generations) (collectively, the Accused
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`Instrumentalities”).
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`COUNT I
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`(Infringement of U.S. Patent No. 9,885,782)
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`14. Plaintiff incorporates the above paragraphs by reference.
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`15. Apple has been on notice of the ’782 Patent at least as early as the date it received service of this
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`Original Complaint.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 4
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 5 of 31
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`16. Upon information and belief, Apple has directly infringed and continues to directly infringe at
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`least Claims 1 and 8 of the ’782 Patent by making, using, importing, selling, and/or, offering for
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`sale the Accused Instrumentalities.
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`17. By way of example, the Accused Instrumentalities infringes Claim 1 of the ’782 Patent by use of
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`a global positioning device, wherein the global positioning device determines a location of the
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`apparatus or a location of a vehicle. The iPhone XS and iPad are representative examples and are
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`mobile devices (apparatuses). See Figure 1 below, showing a picture of the iPhone XS. See also
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`Figure 2 below, showing a picture of the iPad.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 5
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 6 of 31
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`Figure 11 - Apple’s iPhone XS
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`1 https://www.apple.com/iphone-xs/display/ - 9/10/19
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 6
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`Figure 22 - Apple’s iPad.
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`18. The iPhone XS and iPad both use a global positioning device, wherein the global positioning device
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`determines a location of the apparatus or a location of a vehicle.
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`19. See Figures 3 and 4 below, which are screenshots from Apple’s website describing the “location”
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`features of the iPhone XS and iPad, respectfully, which each include “Assisted GPS.” The iPhone XS and
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`the iPad must necessarily include a global positioning device in order to offer “Assisted GPS.”
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`Figure 33 - iPhone XS location specifications
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`2 https://www.apple.com/ipad-9.7/specs/ - 9/10/19
`3 https://www.apple.com/iphone-xs/specs/ - 9/10/19
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 7
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 8 of 31
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`Figure 44 - iPad location specifications
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`20. See also Figures 5 and 6 below, which are screenshots from Apple’s website listing the applications that
`come “built-in” with the iPhone XS and iPad, respectfully. The applications include Apple’s “Maps”
`application, which provides location information and navigation information utilizing Apple’s “Assisted
`GPS.”
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`Figure 55 - iPhone built-in applications
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`4 https://www.apple.com/ipad-9.7/specs/ - 9/10/19
`5 https://www.apple.com/iphone-xs/specs/ - 9/10/19
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 8
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 9 of 31
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`Figure 66 - iPad built-in applications
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`21. See also Figures 7 and 8 below, which are screenshots from Apple’s website describing Apple’s “Maps”
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`application. Apple states that “[w]ith turn-by-turn spoken directions, interactive 3D views, proactive
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`suggestions, lane guidance, and more, Maps gets you where you want to go.”
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`22. In Fig. 8, Apple states that “Maps predicts the places you’re most likely to go and recommends the fastest
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`way to get there based on traffic, time of day, your location, and your schedule” (emphasis added). Fig. 8
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`also includes a mock-up of an iPhone running the Maps application, in which the blue dot on the map
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`represents the current location of the device (i.e., iPhone XS or iPad). Thus, the iPhone XS and iPad are
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`capable of determining “a location of the apparatus” using “Assisted GPS” and displaying the location of
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`the apparatus using the “Maps” application.
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`6 https://www.apple.com/ipad-9.7/specs/ - 9/10/19
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 9
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 10 of 31
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`Figure 77 - Maps application
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`Figure 88 - Maps application
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`23. The iPhone XS and iPad both use a processing device, wherein the processing device processes
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`7 https://www.apple.com/ios/maps/ - 9/10/19
`8 https://www.apple.com/ios/maps/ - 9/10/19
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 10
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 11 of 31
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`information regarding the location of the apparatus or the location of the vehicle and information
`regarding a destination, wherein the processing device determines or identifies a travel route to the
`destination on or along a road, a roadway, a highway, a parkway or an expressway.
`24. See Figure 9 below, which is a screenshot of Apple’s website explaining the “Apple-designed CPU”
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`(i.e., processor) used in the iPhone XS. See also Figure 10 below, which is a screenshot of Apple’s
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`website indicating that the A10 Fusion chip (i.e., processor) is used in the iPad.
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`25. The processing devices used in the iPhone XS and iPad are necessarily used to process the information
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`regarding the location of the apparatus or vehicle and the destination, as well as to calculate the travel
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`route to the destination using “Assisted GPS” and the “Maps” application.
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`Figure 99 - iPhone XS CPU
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`9 https://www.apple.com/iphone-xs/a12-bionic/ - 9/10/19
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 11
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 12 of 31
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`Figure 1010 - iPad A10 chip
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`26. See also Figure 11 below, which is a screenshot from Apple’s website describing Apple’s “Maps”
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`application. Apple states that “Maps helps you find the way to your destination with turn-by-turn
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`spoken directions, guidance on which lane you should be in, and the current speed limit.” Fig. 11 also
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`includes a mock-up of an iPhone running the Maps application, in which the device’s current location
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`is shown as a blue arrow with a circle around it and the travel route is highlighted with a blue line.
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`10 https://www.apple.com/ipad-9.7/specs/ - 9/10/19
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 12
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 13 of 31
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`Figure 1111 - Maps application
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`27. The iPhone XS and iPad both use a display device or a speaker, wherein the display device displays
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`information regarding the travel route or the speaker provides audio information regarding the travel
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`route.
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`28. See Figure 11, reproduced below, describing that “Maps helps you find the way to your destination
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`with turn-by-turn spoken directions, guidance on which lane you should be in, and the current speed
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`limit.” Fig. 11 also includes a mock-up of an iPhone running the Maps application, in which the
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`device’s current location is shown as a blue arrow with a circle around it and the travel route is
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`highlighted with a blue line. The iPad is also bundled with the Maps application and would operate in
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`the same manner.
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`11 https://www.apple.com/ios/maps/ - 9/10/19
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 13
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 14 of 31
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`Figure 11 - Maps application
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`29. The iPhone XS and iPad both use a receiver, wherein the receiver receives traffic information or
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`information regarding a traffic condition.
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`30. See Figure 8, reproduced below, in which Apple states that “Maps predicts the places you’re most
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`likely to go and recommends the fastest way to get there based on traffic, time of day, your location,
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`and your schedule” (emphasis added).
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`31. See also Figure 11, reproduced below, describing that “Maps helps you find the way to your
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`destination with turn-by-turn spoken directions, guidance on which lane you should be in, and the
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`current speed limit. Along the way, it can factor in real-time traffic information, so you’ll know
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`exactly how long until you arrive” (emphasis added).
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`32. A receiver is necessarily required in order to receive real-time traffic information.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 14
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 15 of 31
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`Figure 8 - Maps application
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`Figure 11 - Maps application
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`33. The iPhone XS and iPad both provide the traffic information or the information regarding a traffic
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`condition via the display device or via the speaker.
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`34. See Figure 12 below, which is a screenshot from Apple’s website that explains how to display traffic
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 15
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 16 of 31
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`conditions on the “Maps” application on an iPhone. Apple states that “[o]range indicates slowdowns
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`and red indicates stop-and-go traffic.”
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`Figure 1212 - Traffic information on Maps application.
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`35. See also Figure 13 below, which is a screenshot from Apple’s website that explains how to display
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`traffic conditions on the “Maps” application on an iPad. Apple states that “[o]range indicates
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`slowdowns and red indicates stop-and-go traffic.”
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`12 https://support.apple.com/guide/iphone/get-traffic-and-other-info-iphbe0a968ca/ios - 9/10/19
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 17 of 31
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`Figure 1313 - Traffic information on Maps application
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`36. By way of another example, the Accused Instrumentalities infringe Claim 8 of the ’782 Patent by use
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`of an apparatus that receives information regarding a weather condition and that provides the
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`information regarding the weather condition via a display device. See Figure 14 below, describing how
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`one can zoom on the map to obtain current weather conditions.
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`Figure 1414 - Traffic information on Maps application
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`13 https://support.apple.com/guide/ipad/get-traffic-and-other-info-ipad9934089f/ios - 9/10/19
`14 https://support.apple.com/guide/ipad/get-traffic-and-weather-info-ipad9934089f/ipados - 1/30/20
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 17
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 18 of 31
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`
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`COUNT II
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`(Infringement of U.S. Patent No. 9,075,136)
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`37. Plaintiff incorporates the above paragraphs by reference.
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`38. Apple has been on notice of the ’136 Patent at least as early as the date it received service of this
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`Original Complaint.
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`39. Upon information and belief, Apple has infringed and continues to infringe at least Claims 55
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`and 62 of the ’136 Patent by making, using, importing, selling, and/or, offering for sale the
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`Accused Instrumentalities.
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`40. By way of example, the Accused Instrumentalities infringes Claim 55 of the ’136 Patent by use
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`of a global positioning device, wherein the global positioning device determines a location of the
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`apparatus or a location of a vehicle. On information and belief, the iPhone XS and iPad are
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`mobile devices (apparatuses). See Figure 1 below, showing a picture of the iPhone XS. See also
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`Figure 2 below, showing a picture of the iPad.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 18
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 19 of 31
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`Figure 1 - Apple’s iPhone XS
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`Figure 2 - Apple’s iPad
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 19
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 20 of 31
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`41. The iPhone XS and iPad both use a global positioning device, wherein the global positioning device
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`determines a location of the apparatus or a location of a vehicle.
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`42. See Figures 3 and 4 below, which are screenshots from Apple’s website describing the “location”
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`features of the iPhone XS and iPad, respectfully, which each include “Assisted GPS.” The iPhone XS and
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`the iPad must necessarily include a global positioning device in order to offer “Assisted GPS.”
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`Figure 3 - iPhone XS location specifications
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`Figure 4 - iPad location specifications
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`43. See also Figures 5 and 6 below, which are screenshots from Apple’s website listing the applications that
`come “built-in” with the iPhone XS and iPad, respectfully. The applications include Apple’s “Maps”
`application, which provides location information and navigation information utilizing Apple’s “Assisted
`GPS.”
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 20
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 21 of 31
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`Figure 5 - iPhone built-in applications
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`44. See also Figures 7 and 8 below, which are screenshots from Apple’s website describing Apple’s “Maps”
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`Figure 6 - iPad built-in applications
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 21
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 22 of 31
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`application. Apple states that “[w]ith turn-by-turn spoken directions, interactive 3D views, proactive
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`suggestions, lane guidance, and more, Maps gets you where you want to go.”
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`45. In Fig. 8, Apple states that “Maps predicts the places you’re most likely to go and recommends the fastest
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`way to get there based on traffic, time of day, your location, and your schedule” (emphasis added). Fig. 8
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`also includes a mock-up of an iPhone running the Maps application, in which the blue dot on the map
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`represents the current location of the device (i.e., iPhone XS or iPad). Thus, the iPhone XS and iPad are
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`capable of determining “a location of the apparatus” using “Assisted GPS” and displaying the location of
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`the apparatus using the “Maps” application.
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`Figure 7 - Maps application
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 22
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 23 of 31
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`Figure 8 - Maps application
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`46. The iPhone XS and iPad both use a processing device, wherein the processing device processes
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`information regarding the location of the apparatus or the location of the vehicle and information
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`regarding a destination, wherein the processing device determines or identifies a travel route to the
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`destination on or along a road, a roadway, a highway, a parkway or an expressway.
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`47. See Figure 9 below, which is a screenshot of Apple’s website explaining the “Apple-designed CPU”
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`(i.e., processor) used in the iPhone XS. See also Figure 10 below, which is a screenshot of Apple’s
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`website indicating that the A10 Fusion chip (i.e., processor) is used in the iPad.
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`48. The processing devices used in the iPhone XS and iPad are necessarily used to process the information
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`regarding the location of the apparatus or vehicle and the destination, as well as to calculate the travel
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`route to the destination using “Assisted GPS” and the “Maps” application.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 23
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 24 of 31
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`Figure 9 - iPhone XS CPU
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`Figure 10 - iPad A10 chip
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`49. See also Figure 11 below, which is a screenshot from Apple’s website describing Apple’s “Maps”
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`application. Apple states that “Maps helps you find the way to your destination with turn-by-turn
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`spoken directions, guidance on which lane you should be in, and the current speed limit.” Fig. 11 also
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`includes a mock-up of an iPhone running the Maps application, in which the device’s current location
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 24
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 25 of 31
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`is shown as a blue arrow with a circle around it and the travel route is highlighted with a blue line.
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`Figure 11 - Maps application
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`
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`50. The iPhone XS and iPad both use a display device or a speaker, wherein the display device displays
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`information regarding the travel route or the speaker provides audio information regarding the travel
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`route.
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`51. See Figure 11, reproduced below, describing that “Maps helps you find the way to your destination
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`with turn-by-turn spoken directions, guidance on which lane you should be in, and the current speed
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`limit.” Fig. 11 also includes a mock-up of an iPhone running the Maps application, in which the
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`device’s current location is shown as a blue arrow with a circle around it and the travel route is
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`highlighted with a blue line. The iPad is also bundled with the Maps application and would operate in
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`the same manner.
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`PAGE | 25
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 26 of 31
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`Figure 11 - Maps application
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`
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`52. The iPhone XS and iPad both use a receiver, wherein the receiver receives traffic information or
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`information regarding a traffic condition.
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`53. See Figure 8, reproduced below, in which Apple states that “Maps predicts the places you’re most
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`likely to go and recommends the fastest way to get there based on traffic, time of day, your location,
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`and your schedule” (emphasis added).
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`54. See also Figure 11, reproduced below, describing that “Maps helps you find the way to your
`
`destination with turn-by-turn spoken directions, guidance on which lane you should be in, and the
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`current speed limit. Along the way, it can factor in real-time traffic information, so you’ll know
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`exactly how long until you arrive” (emphasis added).
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`55. A receiver is necessarily required in order to receive real-time traffic information.
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`PAGE | 26
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 27 of 31
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`
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`Figure 8 - Maps application
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`Figure 11 - Maps application
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`56. The iPhone XS and iPad both provide the traffic information or the information regarding a traffic
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`condition via the display device or via the speaker.
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`57. See Figure 12 below, which is a screenshot from Apple’s website that explains how to display traffic
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 27
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 28 of 31
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`conditions on the “Maps” application on an iPhone. Apple states that “[o]range indicates slowdowns
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`and red indicates stop-and-go traffic.”
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`Figure 12 - Traffic information on Maps application
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`
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`58. See also Figure 13 below, which is a screenshot from Apple’s website that explains how to display
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`traffic conditions on the “Maps” application on an iPad. Apple states that “[o]range indicates
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`slowdowns and red indicates stop-and-go traffic.”
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`Figure 13 - Traffic information on Maps application
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`PAGE | 28
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 29 of 31
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`59. By way of another example, the Accused Instrumentalities infringe Claim 62 of the ’136 Patent
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`by use of an apparatus that receives information regarding a weather condition and that provides
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`the information regarding the weather condition via a display device. See Figure 14 below,
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`describing how one can zoom on the map to obtain current weather conditions.
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`Figure 14 - Traffic information on Maps application
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`PAGE | 29
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 30 of 31
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`
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`PRAYER FOR RELIEF
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`WHEREFORE, NavBlazer respectfully requests the Court enter judgment against
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`Defendant:
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`Declaring that Apple has infringed each of the Patents-in-Suit;
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`Awarding NavBlazer its damages suffered as a result of Apple’s infringement of the Patents-in-
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`Suit;
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`Awarding NavBlazer its costs, attorneys’ fees, expenses, and interest;
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`Awarding NavBlazer ongoing post-trial royalties; and
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`Granting NavBlazer such further relief as the Court finds appropriate.
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`
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`NavBlazer demands trial by jury, under Fed. R. Civ. P. 38.
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`JURY DEMAND
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`
`
`1.
`
`2.
`
`3.
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`4.
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`5.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 30
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`
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`Case 6:20-cv-00085-ADA Document 20 Filed 06/25/20 Page 31 of 31
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`Dated: June 25, 2020
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`
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`Respectfully Submitted
`
`/s/ Thomas Fasone III
`Thomas Fasone III
`Texas Bar No. 00785382
`tfasone@ghiplaw.com
`M. Scott Fuller
`Texas Bar No. 24036607
`sfuller@ghiplaw.com
`René A. Vazquez
`Pro Hac Vice
`rvazquez@ghiplaw.com
`Randall T. Garteiser
`Pro Hac Vice
`rgarteiser@ghiplaw.com
`Christopher A. Honea
`Pro Hac Vice
`chonea@ghiplaw.com
`
`
`GARTEISER HONEA, PLLC
`119 W. Ferguson Street
`Tyler, Texas 75702
`Telephone: (903) 705-7420
`Facsimile: (888) 908-4400
`
`
`Raymond W. Mort, III
`Texas State Bar No. 00791308
`raymort@austinlaw.com
`THE MORT LAW FIRM, PLLC
`100 Congress Ave, Suite 2000
`Austin, Texas 78701
`Tel/Fax: (512) 865-7950
`
`ATTORNEYS FOR
`NAVBLAZER LLC
`
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 31
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`
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