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`Case 2:18-cv-01732-RSM Document 1 Filed 11/30/18 Page 1 of 6
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`UNITED STATES DISTRICT COURT FOR THE
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`Plaintiff,
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`v.
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`UNILOC 2017 LLC,
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`HTC AMERICA, INC.,
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`Defendant.
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`Case No.: 2:18-cv-01732
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`JURY TRIAL DEMANDED
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`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its complaint against defendant, HTC
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`America, Inc. (“HTC”), alleges as follows:
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`THE PARTIES
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`1.
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`Uniloc is a Delaware limited liability company having addresses at 1209 Orange
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`Street, Wilmington, Delaware 19801; 620 Newport Center Drive, Newport Beach, California
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`92660; and 102 N. College Avenue, Suite 303, Tyler, Texas 75702.
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`2.
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`HTC is a Washington corporation having a regular and established place of
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`business in Bellevue, Washington 98005 and may be served with process through its registered
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`agent for service: Cogency Global Inc., 1780 Barnes Blvd. SW, Tumwater, Washington 98512.
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`3.
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`HTC imports and uses, offers for sale and/or sells its products and/or services,
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`including those accused herein of infringement, to customers and potential customers located in
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`this judicial district.
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`
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`COMPLAINT FOR PATENT INFRINGMENT
`Case No. 2:18-cv-01732
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`
` VAN KAMPEN & CROWE PLLC
`1001 Fourth Avenue, Suite 4050
`Seattle, Washington 98154-1000
`(206) 386-7353
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`- 1 -
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`

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`Case 2:18-cv-01732-RSM Document 1 Filed 11/30/18 Page 2 of 6
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`JURISDICTION
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`4.
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`Uniloc brings this action for patent infringement under the patent laws of the
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`United States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction under 28
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`U.S.C. §§ 1331 and 1338(a).
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,836,654)
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`Uniloc incorporates paragraphs 1-4 above by reference.
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`Uniloc owns all substantial rights, interest ant title in and to U.S. Patent No.
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`5.
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`6.
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`6,836,654, which is entitled ANTI-THEFT PROTECTION FOR A RADIOTELEPHONY
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`DEVICE which issued on December 28, 2004 (“the ’654 Patent”). A copy of the ’654 Patent is
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`attached as Exhibit A
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`7.
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`The ’654 Patent describes in detail and claims in various ways inventions in
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`systems and devices for improved blocking and unblocking of the operational mode of electronic
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`devices such as cellphones, using timing and identifiers.
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`8.
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`The ’654 Patent describes problems and shortcomings in the then-existing field of
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`antitheft measures for portable telephones and describes and claims novel and inventive
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`technological improvements and solutions to such problems and shortcomings.
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`9.
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`The written description of the ’654 Patent describes in technical detail each of the
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`limitations of the claims, allowing a person of ordinary skill in the art to understand what the
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`limitations cover and how the non-conventional and non-generic combination of claim elements
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`differ markedly from and improved upon what may have been considered conventional or
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`generic.
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`10.
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`HTC imports, uses, offers for sale and sells in the United States electronic devices
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`that utilize antitheft measures, including those identified in Exhibit B to this Complaint
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`(collectively “Accused Infringing Devices”).
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`COMPLAINT FOR PATENT INFRINGMENT
`Case No. 2:18-cv-01732
`
`
` VAN KAMPEN & CROWE PLLC
`1001 Fourth Avenue, Suite 4050
`Seattle, Washington 98154-1000
`(206) 386-7353
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`- 2 -
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`Case 2:18-cv-01732-RSM Document 1 Filed 11/30/18 Page 3 of 6
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`11.
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`The Accused Infringing Devices are mobile radiotelephony devices incorporating
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`antitheft technology that utilizes timing and identification codes to block and unblock normal
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`operation of the device.
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`12.
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`HTC has infringed, and continues to infringe, claims of the ’654 Patent in the
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`United States, including claims 1, 3-5 and 7, by making, using, offering for sale, selling and/or
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`importing the Accused Infringing Devices.
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`13.
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`HTC specifically, knowingly and intentionally incorporates into the Accused
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`Infringing Devices components and software that are intended to enable the devices to operate as
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`described above to infringe the ’654 Patent.
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`14.
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`In its marketing, promotional and/or instructional materials, including those
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`identified below, HTC also intentionally instructs its customers to use the Accused Infringing
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`Devices in a manner that causes the devices to infringe the asserted claims of the ’654 Patent.
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`15.
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`HTC has infringed, and continues to infringe, claims 1, 3-5 and 7 of the ’654
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`Patent by actively inducing others to use, offer for sale, and sell the Accused Infringing Devices.
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`HTC’s customers who use those devices in accordance with HTC’s design, intent and
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`instructions infringe claims 1, 3-5 and 7 of the ’654 Patent. HTC intentionally instructs its
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`customers to infringe through training videos, demonstrations, brochures, installation and user
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`guides and instructional and marketing materials, such as those located at one or more of the
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`following:
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`www.htc.com, including:
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`www.htc.com/us/smartphones/
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`www.htc.com/us/smartphones/htc-u11/buy/
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`www.htc.com/us/support/
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`www.htc.com/us/support/htc-12-plus/
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`www.htc.com/us/support/htc-11/
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`www.htc.com/us/support/htc-desire-530/
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`COMPLAINT FOR PATENT INFRINGMENT
`Case No. 2:18-cv-01732
`
`
` VAN KAMPEN & CROWE PLLC
`1001 Fourth Avenue, Suite 4050
`Seattle, Washington 98154-1000
`(206) 386-7353
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`- 3 -
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`Case 2:18-cv-01732-RSM Document 1 Filed 11/30/18 Page 4 of 6
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`•
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`www.htc.com/us/support/htc-11/howto/setting-a-screen-lock.html
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`www.htc.com/us/support/htc-11-sprint/howto/
`making-a-call-with-smart-dial.html
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`www.htc.com/us/support/usereguide/htc-one-m8/
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`www.htc.com/mea-en/support/htc-one-m9/howto/601572.html
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`www.htc.com/sea/support/htc-desire-626/howto/638319.html
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`www.htc.com/uk/support/htc-u11/faq/security/
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`dl4.htc.com/Web_materials/Manual/HTC_U11/US/HTC_U11_US_
`user_guide_O80.pdf
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`dl4.htc.com/Web_materials/Manual/HTC_10/US/HTC_10_
`US_user_guide_O80.pdf
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`16.
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`HTC has also infringed, and continues to infringe, claims 1, 3-5 and 7 of the ’654
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`patent by offering to sell, selling and/or importing the Accused Infringing Devices knowing that
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`the devices are used in practicing asserted claims of the ’654 patent and constitute a material part
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`of the claimed mobile telephony devices. Upon receipt of this Complaint, HTC will know that
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`portions of the software that provide the Accused Infringing Devices with the above-described
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`functionality were especially designed and written solely to implement such infringing
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`functionality as described above.
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`17.
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`HTC will have had notice of the ’654 Patent since, at the latest, the service of this
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`complaint upon it. HTC will also have been on notice of Uniloc’s infringement allegations and
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`theory of infringement since that date of service, and thus will have known that its continued
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`actions would cause the infringement of at least claims 1, 3-5 and 7 of the ’654 Patent. If,
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`despite such knowledge, HTC refuses to discontinue its infringing acts, and continues to induce
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`infringement by failing to remove or distinguish what it will know upon receipt of this
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`Complaint to be infringing features of the Accused Infringing Devices or otherwise place a non-
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`infringing limit on their use, such actions will be evidence of HTC’s intent to cause infringement
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`of the ’654 Patent.
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`COMPLAINT FOR PATENT INFRINGMENT
`Case No. 2:18-cv-01732
`
`
` VAN KAMPEN & CROWE PLLC
`1001 Fourth Avenue, Suite 4050
`Seattle, Washington 98154-1000
`(206) 386-7353
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`- 4 -
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`

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`Case 2:18-cv-01732-RSM Document 1 Filed 11/30/18 Page 5 of 6
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`18.
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`By the time of trial, HTC will have known and intended (since receiving such
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`notice) that its continued actions would actively induce and contribute to the infringement of
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`claims 1, 3-5 and 7 of the ’654 Patent.
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`19.
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`HTC may have infringed the ’654 Patent through other software and devices
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`utilizing the same or reasonably similar functionality, including other versions of the Accused
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`Infringing Devices.
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`20.
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`Uniloc has been damaged by HTC’s infringement of the ’654 Patent.
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against HTC:
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`(A)
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`(B)
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`’654 Patent;
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`(C)
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`(D)
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`declaring that HTC has infringed the ’654 Patent;
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`awarding Uniloc its damages suffered as a result of HTC’s infringement of the
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`awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
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`granting Uniloc such further relief as the Court finds appropriate.
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`DEMAND FOR JURY TRIAL
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`Uniloc demands trial by jury, under Fed. R. Civ. P. 38.
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`Dated this 30th day of November, 2018.
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`
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`Respectfully submitted,
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`/s/ Al Van Kampen
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`Al Van Kampen, WSBA No. 123670
`VAN KAMPEN & CROWE PLLC
`1001 Fourth Avenue, Suite 4050
`Seattle, WA 98154
`Tel: (206) 386-7353
`Fax: (206) 405-2825
`Email: AVanKampen@VKClaw.com
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`Of Counsel:
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`Paul J. Hayes (Pro Hac Vice will be filed)
`Kevin Gannon (Pro Hac Vice will be filed)
`Aaron Jacobs (Pro Hac Vice will be filed)
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
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`COMPLAINT FOR PATENT INFRINGMENT
`Case No. 2:18-cv-01732
`
`
` VAN KAMPEN & CROWE PLLC
`1001 Fourth Avenue, Suite 4050
`Seattle, Washington 98154-1000
`(206) 386-7353
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`- 5 -
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`

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`Case 2:18-cv-01732-RSM Document 1 Filed 11/30/18 Page 6 of 6
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`
`
`Tel: (617) 456-8000
`Fax: (617) 456-8100
`Email: phayes@princelobel.com
`Email: kgannon@princelobel.com
`Email: ajacobs@princelobel.com
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`ATTORNEYS FOR THE PLAINTIFF
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`COMPLAINT FOR PATENT INFRINGMENT
`Case No. 2:18-cv-01732
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`
` VAN KAMPEN & CROWE PLLC
`1001 Fourth Avenue, Suite 4050
`Seattle, Washington 98154-1000
`(206) 386-7353
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`- 6 -
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