Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 1 of 11
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`Civil Action No. 1:18-cv-166
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`UNILOC USA, INC. and
`UNILOC LUXEMBOURG, S.A.,
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`Plaintiffs,
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`v.
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`APPLE INC.,
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`Defendant.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`§
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`§
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`§
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`§
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`§
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`§
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`§
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`PATENT CASE
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs, Uniloc USA, Inc. (“Uniloc USA”) and Uniloc Luxembourg, S.A. (“Uniloc
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`Luxembourg”) (together, “Uniloc”), for their complaint against defendant, Apple Inc. (“Apple”),
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`allege as follows:
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`THE PARTIES
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`1.
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`Uniloc USA is a Texas corporation having a principal place of business at Legacy
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`Town Center I, Suite 380, 7160 Dallas Parkway, Plano, Texas 75024. Uniloc USA also
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`maintains a place of business at 102 N. College, Suite 603, Tyler, Texas 75702.
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`2.
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`Uniloc Luxembourg is a Luxembourg public limited liability company having a
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`principal place of business at 15, Rue Edward Steichen, 4th Floor, L-2540, Luxembourg (R.C.S.
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`Luxembourg B159161).
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`3.
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`Apple is a California corporation, having a principal place of business in
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`Cupertino, California and regular and established places of business at 12535 Riata Vista Circle
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`and 5501 West Parmer Lane, Austin, Texas. Apple offers its products and/or services, including
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`2894336.v1
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`Apple Inc.
`Ex. 1008 - Page 1
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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 2 of 11
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`those accused herein of infringement, to customers and potential customers located in Texas and
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`in the judicial Western District of Texas. Apple may be served with process through its
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`registered agent for service in Texas: CT Corporation System, 1999 Bryant Street, Suite 900,
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`Dallas, Texas 75201.
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`JURISDICTION AND VENUE
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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, 1332(a), and 1338(a).
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`5.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b). Apple
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`has committed acts of infringement in this judicial district and has regular and established places
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`of business in this district, as set forth above.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 7,969,925)
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`Uniloc incorporates paragraphs 1-5 above by reference.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 7,969,925
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`6.
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`7.
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`(“the ’925 Patent”), entitled PEER-TO-PEER MOBILE DATA TRANSFER METHOD AND
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`DEVICE, which issued on June 28, 2011. A copy of the ’925 Patent is attached as Exhibit A.
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`8.
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`Uniloc USA is the exclusive licensee of the ’925 Patent, with ownership of all
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`substantial rights, including the right to grant sublicenses, to exclude others, and to enforce and
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`recover past damages for infringement.
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`9.
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`The ’925 Patent describes in detail and claims in various ways inventions in
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`systems and devices for improved communication of data between mobile devices in a peer-to-
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`peer fashion without using an intermediary communications server developed by the inventor
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`around 2004.
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`2
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`Apple Inc.
`Ex. 1008 - Page 2
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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 3 of 11
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`10.
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`The ’925 Patent describes problems and shortcomings in the then-existing field of
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`communications between wireless devices and describes and claims novel and inventive
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`technological improvements and solutions to such problems and shortcomings. The
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`technological improvements and solutions described and claimed in the ’925 Patent were not
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`conventional or generic at the time of their respective inventions but involved novel and non-
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`obvious approaches to the problems and shortcomings prevalent in the art at the time.
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`11.
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`The inventions claimed in the ’925 Patent involve and cover more than just the
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`performance of well-understood, routine and/or conventional activities known to the industry
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`prior to the invention of such novel and non-obvious systems and devices by the ’925 Patent
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`inventor.
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`12.
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`The inventions claimed in the ’925 Patent represent technological solutions to
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`technological problems. The written description of the ’925 Patent describes in technical detail
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`each of the limitations of the claims, allowing a person of ordinary skill in the art to understand
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`what the limitations cover and how the non-conventional and non-generic combination of claim
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`elements differ markedly from and improved upon what may have been considered conventional
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`or generic.
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`13.
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`Apple imports, uses, offers for sale, and sells in the United States electronic
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`devices that utilize Apple Push Notification service. Such devices include: (1) iPhone 4s,
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`iPhone5, iPhone 5c, iPhone 5s, iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, iPhone SE,
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`iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus, iPhone X smartphones; (2) iPad (3rd, 4th and
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`5th generation), iPad Mini, iPad Mini 2, iPad Mini 3, iPad Mini 4, iPad Pro, iPad Air, iPad Air 2
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`tablets; (3) MacBook, MacBook Air (13 inches), MacBook Pro (13 and 15 inches), iMac (21.5
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`and 27 inches), Mac Mini, Mac Pro laptops; (4) Apple watch Series 1, Apple watch series 2,
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`3
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`Apple Inc.
`Ex. 1008 - Page 3
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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 4 of 11
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`Apple watch series 3, Apple watch Hermes (series 1, 2, 3), Apple watch Edition (series 2 and 3),
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`and (5) iPod (generation 5) and iPod touch (collectively “Accused Infringing Devices”).
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`14.
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`The Accused Infringing Devices are mobile devices that are enabled to
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`communicate data therebetween in a peer-to-peer fashion using unique identifiers and without
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`the need for an intermediating communications server.
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`15.
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`Apple has infringed, and continues to infringe, claims of the ’925 Patent in the
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`United States, including claims 1-20, by making, using, offering for sale, selling and/or
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`importing the Accused Infringing Devices in violation of 35 U.S.C. § 271(a).
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`16.
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`Apple has also infringed, and continues to infringe, claims 1-20 of the ’925 Patent
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`by actively inducing others to use, offer for sale, and sell the Accused Infringing Devices.
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`Apple’s customers who use those devices in accordance with Apple’s instructions infringe
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`claims 1-20 of the ’925 Patent, in violation of 35 U.S.C. § 271(a). Apple intentionally instructs
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`its customers to infringe through training videos, demonstrations, brochures, installation and user
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`guides, such as those located at:
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`www.apple.com
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`https://www.apple.com/ios/app-store/
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`https://support.apple.com/en-us/
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`https://developer.apple.com/app-store/product-page/
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`https://www.apple.com/iphone-7/specs/
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`https://developer.apple.com/hardwaredrivers/BluetoothDesignGuidelines.pdf
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`https://developer.apple.com/library/content/documentation/NetworkingInternet/C
`onceptual/HandlingRemoteNotificationsPG/APNSOverview.html
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`https://developer.apple.com/library/content/documentation/NetworkingInternet/C
`onceptual/RemoteNotificationsPG/APNSOverview.html
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`4
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`Apple Inc.
`Ex. 1008 - Page 4
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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 5 of 11
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`www.apple.com/iphone/compare/
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`https://support.apple.com/en-us/HT201287
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`https://support.apple.com/en-us/HT202549
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`https://support.apple.com/en-us/HT207006
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`https://support.apple.com/en-us/HT202944
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`https://support.apple.com/en-us/HT203609
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`https://support.apple.com/en-us/HT202078
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`https://support.apple.com/en-us/HT204380
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`www.apple.com/business/docs/iOS_Security_Guide.pdf
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`www.youtube.com/user/apple
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`Apple also induces infringement by others by failing to remove or diminish the infringing
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`features of the Accused Infringing Devices. Apple is thereby liable for infringement of the ’925
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`Patent under 35 U.S.C. § 271(b).
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`17.
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`Apple has also infringed, and continues to infringe, claims 1-20 of the ’925 patent
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`by offering to commercially distribute, commercially distributing, or importing the Accused
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`Infringing Devices which devices are used in practicing the processes, or using the systems, of
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`the ’925 patent, and constitute a material part of the invention. Apple knows portions of the
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`Accused Devices to be especially made or especially adapted for use in infringement of the ’925
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`patent, not a staple article, and not a commodity of commerce suitable for substantial
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`noninfringing use. Apple is thereby liable for infringement of the ’925 Patent under 35 U.S.C. §
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`271(c).
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`18.
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`Apple will have been on notice of the ’925 Patent since, at the latest, the service
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`of this complaint upon it. By the time of trial, Apple will have known and intended (since
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`5
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`Apple Inc.
`Ex. 1008 - Page 5
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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 6 of 11
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`receiving such notice) that its continued actions would actively induce and contribute to the
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`infringement of claims 1-20 of the ’925 Patent.
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`19.
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`Apple may have infringed the ’925 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 Apple’s infringement of the ’925 Patent.
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`COUNT II
`(INFRINGEMENT OF U.S. PATENT NO. 8,018,877)
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`Uniloc incorporates paragraphs 1-5 above by reference.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 8,018,877
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`21.
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`22.
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`(“the ’925 Patent”), entitled MOBILE CONFERENCING METHOD AND SYSTEM, which
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`issued on September 13, 2011. A copy of the ’877 Patent is attached as Exhibit B.
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`23.
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`Uniloc USA is the exclusive licensee of the ’877 Patent, with ownership of all
`
`substantial rights, including the right to grant sublicenses, to exclude others, and to enforce and
`
`recover past damages for infringement.
`
`24.
`
`The ’877 Patent describes in detail and claims in various ways inventions in
`
`systems and devices for improved communication of data between mobile devices using unique
`
`identifiers and page-mode messaging developed by the inventor around 2004.
`
`25.
`
`The ’877 Patent describes problems and shortcomings in the then-existing field of
`
`communications between wireless devices and describes and claims novel and inventive
`
`technological improvements and solutions to such problems and shortcomings. The
`
`technological improvements and solutions described and claimed in the ’877 Patent were not
`
`conventional or generic at the time of their respective inventions but involved novel and non-
`
`obvious approaches to the problems and shortcomings prevalent in the art at the time.
`
`
`
`6
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`Apple Inc.
`Ex. 1008 - Page 6
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`

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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 7 of 11
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`26.
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`The inventions claimed in the ’877 Patent involve and cover more than just the
`
`performance of well-understood, routine and/or conventional activities known to the industry
`
`prior to the invention of such novel and non-obvious systems and devices by the ’877 Patent
`
`inventor.
`
`27.
`
`The inventions claimed in the ’877 Patent represent technological solutions to
`
`technological problems. The written description of the ’877 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 non-conventional and non-generic combination of claim
`
`elements differ markedly from and improved upon what may have been considered conventional
`
`or generic.
`
`28.
`
`Apple imports, uses, offers for sale, and sells in the United States electronic
`
`devices that utilize Apple Push Notification service. Such devices include: (1) iPhone 4s,
`
`iPhone5, iPhone 5c, iPhone 5s, iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, iPhone SE,
`
`iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus, iPhone X smartphones; (2) iPad (3rd, 4th and
`
`5th generation), iPad Mini, iPad Mini 2, iPad Mini 3, iPad Mini 4, iPad Pro, iPad Air, iPad Air 2
`
`tablets; (3) MacBook, MacBook Air (13 inches), MacBook Pro (13 and 15 inches), iMac (21.5
`
`and 27 inches), Mac Mini, Mac Pro laptops; (4) Apple watch Series 1, Apple watch series 2,
`
`Apple watch series 3, Apple watch Hermes (series 1, 2, 3), Apple watch Edition (series 2 and 3),
`
`and (5) iPod (generation 5) and iPod touch (collectively “Accused Infringing Devices”).
`
`29.
`
`The Accused Infringing Devices are mobile devices that are enabled to
`
`communicate data therebetween in a peer-to-peer fashion using unique identifiers and page-
`
`mode messaging.
`
`
`
`7
`
`Apple Inc.
`Ex. 1008 - Page 7
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`

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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 8 of 11
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`30.
`
`Apple has infringed, and continues to infringe, claims of the ’877 Patent in the
`
`United States, including claims 1-20, by making, using, offering for sale, selling and/or
`
`importing the Accused Infringing Devices in violation of 35 U.S.C. §271(a).
`
`31.
`
`Apple has also infringed, and continues to infringe, claims 1-20 of the ’877 Patent
`
`by actively inducing others to use, offer for sale, and sell the Accused Infringing Devices.
`
`Apple’s customers who use those devices in accordance with Apple’s instructions infringe
`
`claims 1-20 of the ’877 Patent, in violation of 35 U.S.C. § 271(a). Apple intentionally instructs
`
`its customers to infringe through training videos, demonstrations, brochures, installation and user
`
`guides, such as those located at:
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
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`•
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`•
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`•
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`www.apple.com
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`https://www.apple.com/ios/app-store/
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`https://support.apple.com/en-us/
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`https://support.apple.com/explore/messages
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`https://developer.apple.com/app-store/product-page/
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`https://www.apple.com/iphone-7/specs/
`
`https://developer.apple.com/hardwaredrivers/BluetoothDesignGuidelines.pdf
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`https://developer.apple.com/library/content/documentation/NetworkingInternet/C
`onceptual/HandlingRemoteNotificationsPG/APNSOverview.html
`
`https://developer.apple.com/library/content/documentation/NetworkingInternet/C
`onceptual/RemoteNotificationsPG/APNSOverview.html
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`www.apple.com/iphone/compare/
`
`https://support.apple.com/en-us/HT201287
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`https://support.apple.com/en-us/HT207006
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`https://support.apple.com/en-us/HT202078
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`
`
`8
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`Apple Inc.
`Ex. 1008 - Page 8
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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 9 of 11
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`•
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`•
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`•
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`•
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`•
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`https://support.apple.com/en-us/HT202549
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`https://support.apple.com/en-us/HT203609
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`http://apple.wikia.com/wiki/IMessage
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`www.apple.com/business/docs/iOS_Security_Guide.pdf
`
`www.youtube.com/user/apple
`
`Apple also induces infringement by others by failing to remove or diminish the infringing
`
`features of the Accused Infringing Devices. Apple is thereby liable for infringement of the ’877
`
`Patent under 35 U.S.C. § 271(b).
`
`32.
`
`Apple has also infringed, and continues to infringe, claims 1-20 of the ’877 patent
`
`by offering to commercially distribute, commercially distributing, or importing the Accused
`
`Infringing Devices which devices are used in practicing the processes, or using the systems, of
`
`the ’877 patent, and constitute a material part of the invention. Apple knows portions of the
`
`Accused Devices to be especially made or especially adapted for use in infringement of the ’877
`
`patent, not a staple article, and not a commodity of commerce suitable for substantial
`
`noninfringing use. Apple is thereby liable for infringement of the ’877 Patent under 35 U.S.C. §
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`271(c).
`
`33.
`
`Apple will have been on notice of the ’877 Patent since, at the latest, the service
`
`of this complaint upon it. By the time of trial, Apple will have known and intended (since
`
`receiving such notice) that its continued actions would actively induce and contribute to the
`
`infringement of claims 1-20 of the ’877 Patent.
`
`34.
`
`Apple may have infringed the ’877 Patent through other software and devices
`
`utilizing the same or reasonably similar functionality, including other versions of the Accused
`
`Infringing Devices.
`
`
`
`9
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`Apple Inc.
`Ex. 1008 - Page 9
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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 10 of 11
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`35.
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`Uniloc has been damaged by Apple’s infringement of the ’877 Patent.
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against Apple:
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`(A)
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`declaring that Apple has infringed the ’925 Patent and the ’877 Patent;
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`(B)
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`awarding Uniloc its damages suffered as a result of Apple’s infringement of the
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`’925 Patent and the ’877 Patent;
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`(C)
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`awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
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`(D)
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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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`10
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`Apple Inc.
`Ex. 1008 - Page 10
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`Case 1:18-cv-00166 Document 1 Filed 02/22/18 Page 11 of 11
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`Date: February 22, 2018
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`Respectfully submitted,
`
`
`/s/ Edward R. Nelson, III_____________________
`Kevin Gannon
`Massachusetts State Bar No. 640931
`James J. Foster
`Massachusetts State Bar No. 553285
`Aaron Jacobs
`Massachusetts State Bar No. 677545
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Email: kgannon@princelobel.com
`Email: jfoster@princelobel.com
`Email: ajacobs@princelobel.com
`
`Edward R. Nelson III
`ed@nelbum.com
`Texas State Bar No. 00797142
`Anthony M. Vecchione
`anthony@nelbum.com
`Texas State Bar No. 24061270
`NELSON BUMGARDNER PC
`3131 West 7th Street, Suite 300
`Fort Worth, TX 76107
`Tel: (817) 377-9111
`Fax: (817) 377-3485
`
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`ATTORNEYS FOR THE PLAINTIFFS
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`11
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`Apple Inc.
`Ex. 1008 - Page 11
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