Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 1 of 58
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`
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`JOSEPH W. COTCHETT
`(SBN 36324; jcotchett@cpmlegal.com)
`TAMARAH P. PREVOST
`(SBN 313422; tprevost@cpmlegal.com)
`KEVIN J. BOUTIN
`(SBN 334965; kboutin@cpmlegal.com)
`COTCHETT, PITRE & McCARTHY, LLP
`San Francisco Airport Office Center
`840 Malcolm Road, Suite 200
`Burlingame, CA 94010
`Telephone: (650) 697-6000
`Facsimile: (650) 697-0577
`
`PAUL W. REIDL
`(SBN 155221; paul@reidllaw.com)
`LAW OFFICE OF PAUL W. REIDL
`25 Pinehurst Lane
`Half Moon Bay, CA 94019
`Telephone: (650) 560-8530
`
`Attorneys for Plaintiff,
`TJTM Technologies, LLC
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`
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`TJTM TECHNOLOGIES, LLC,
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`VERIZON COMMUNICATIONS, INC.,
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`v.
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`Plaintiff,
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`Defendant.
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`Case No.
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`COMPLAINT FOR
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`PATENT INFRINGEMENT
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`JURY TRIAL DEMANDED
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`Law Offices
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`COMPLAINT FOR PATENT INFRINGEMENT
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`

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`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 2 of 58
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`TABLE OF CONTENTS
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`Page
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`I.
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`NATURE OF THE ACTION ............................................................................................1
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`II.
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`THE PARTIES ...................................................................................................................2
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`III.
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`JURISDICTION ................................................................................................................2
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`IV. VENUE AND INTRA-DISTRICT ASSIGNMENT .......................................................3
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`V.
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`FACTUAL ALLEGATIONS ............................................................................................3
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`A.
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`B.
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`C.
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`D.
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`THE PATENT CREATES A NOVEL APPLICATION TO SHUT OFF CELL
`PHONE NOTIFICATIONS WHILE DRIVING .....................................................3
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`THE USPTO ISSUES THE ‘853 PATENT ............................................................4
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`VERIZON INFRINGES THE ‘853 PATENT BY SELLING PHONES WITH
`THE DRIVING MODE FEATURE ........................................................................5
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`THE PTAB AFFIRMS THE VALIDITY OF THE PATENT ................................5
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`FIRST CLAIM FOR RELIEF
`(Infringement of Patent No. 8,958,853) ...........................................................................................6
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`PRAYER FOR RELIEF..............................................................................................................13
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`DEMAND FOR JURY TRIAL ...................................................................................................14
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`Law Offices
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`i
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`

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`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 3 of 58
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`Plaintiff TJTM Technologies, LLC (“TJTM”), brings this action against Verizon
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`Communications, Inc. (“Verizon”) to stop it from using TJTM’s patented technology in cell
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`phones sold by it without permission. TJTM seeks damages and injunctive relief. On
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`information and belief, it alleges as follows:
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`I.
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`NATURE OF THE ACTION
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`1. This is a civil action for patent infringement under 35 U.S.C. § 1 et seq.
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`2. On February 17, 2015, the United States Patent and Trademark Office (“USPTO”)
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`issued U.S. Patent No. 8,958,853, entitled “Mobile Device Inactive Mode and Inactive Mode
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`Verification” to its inventor (the “’853 Patent”). This describes the “OFF MODE” application. A
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`true and correct copy of the ‘853 Patent is attached hereto as Exhibit A.
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`3. The inventor of the ‘853 patent is an engineer, inventor and restauranteur. TJTM is
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`the legal owner of the ‘853 patent by assignment. The Managing Member of TJTM is the wife
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`of the inventor, Dr. Connie Morris, who practices dentistry in South San Francisco.
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`4. The “OFF MODE” application was invented in 2010. The inventor was concerned
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`that drivers were increasingly distracted by incoming calls and text messages while driving,
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`which creates a public safety hazard. The “OFF MODE” application allows users to block
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`telephone calls, text messages, and other notifications while driving and otherwise, gives them
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`the option of issuing automated replies to senders or callers informing them that the driver is
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`temporarily unavailable, and then provides a log of missed communications when “OFF MODE”
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`is turned off. “OFF MODE” increases highway safety by diminishing the urge to use one’s cell
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`phone while driving. This allows drivers to focus solely on the road and traffic.
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`5. TJTM had a software engineer build the “OFF MODE” application. It was
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`available for downloading in 2013 on Google Play and their business website. Since then, it has
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`been downloaded more than 61,000 times.
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`6.
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`“OFF MODE” was the first application of its kind and the inventor was issued the
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`‘853 patent.
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`/ / /
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`Law Offices
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`1
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`

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`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 4 of 58
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`7. Verizon has infringed and continues to infringe one or more claims of the ‘853
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`Patent by offering a “Driving Mode” feature in the Messages (“Message+”) app on cellular
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`telephones to millions of consumers throughout the world. To the extent that this is not pre-
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`loaded onto the phones, Verizon offers directions to its customers on how they can download the
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`software. Verizon’s “Driving Mode” mirrors the claims of the ‘853 patent.
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`8. Verizon had to know about the ‘853 patent and the “OFF MODE” app when it first
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`adopted the “Driving Mode” feature for cellular phones sold by it. Instead of licensing the ‘853
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`patent for a reasonable royalty, however, Verizon took TJTM’s invention and paid no
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`compensation for it. On information and belief, Verizon gambled that TJTM could not afford to
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`litigate its claims under the ‘853 patent. This lawsuit followed, and seeks, among other things,
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`monetary damages and injunctive relief.
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`II.
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`THE PARTIES
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`9.
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`Plaintiff TJTM Technologies, LLC, is a California limited liability company
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`with its principal place of business in San Francisco, California. Dr. Connie Morris is its
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`Managing Member.
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`10.
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`Defendant Verizon Communications, Inc. is a corporation that does business all
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`over the United States and internationally.
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`III.
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`JURISDICTION
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`11.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 (Federal
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`question) and 1338 (a) (any act of Congress relating to patents and trademarks.).
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`12.
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`This Court has personal jurisdiction because Verizon operates and resides in this
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`District. It has more locations in California than any other state. The patented technology is used
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`while driving an automobile. There are more automobiles used in California than any other state.
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`It employs hundreds of people in offices in San Francisco, San Jose, and Walnut Creek. It has
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`over 200 licensed franchisees (“authorized retailers”) and its own stores in the District who,
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`among other things, sell the infringing phones for Verizon. One such company-owned store is
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`located at 768 Market Street in San Francisco. There are 6,426 Verizon Wireless locations in the
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`United States as of February 22, 2022. The state with the most number of Verizon Wireless
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`Law Offices
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`2
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`

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`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 5 of 58
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`locations in the US is California, with 528 locations, which is 8% of all Verizon Wireless
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`locations in America. On information and belief, selling cellular phones is one of the
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`requirements of an authorized dealer. This Court also has personal jurisdiction as Verizon has
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`committed and induced acts of patent infringement and has regularly and systematically
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`conducted and solicited business in this District by and through, at a minimum, its sales, and
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`offers for sale of Verizon products and services, and other contractual arrangements with Verizon
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`customers, and it and its authorized dealers sell Verizon products and services, including the
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`infringing phones, are located in and/or doing business within this District.
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`IV. VENUE AND INTRA-DISTRICT ASSIGNMENT
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`13.
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`Venue is proper in this District under 28 U.S.C. § 1391(b) and (c) and 1400 (b).
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`Pursuant to Local Rule 3-2(c), intellectual property actions are assigned on a District-wide basis.
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`14.
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`There were two previous cases in this District involving the same patent, SMTM
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`Technology, LLC, v. Apple, Inc., Case No. 4:19-cv-08133-YGR and TJTM Technologies, LLC. v.
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`Samsung Electronics America, Inc., 4:21-cv-05500-YGR. Both of these settled prior to trial.1
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`Because both were assigned to the Hon. Yvonne Gonzalez Rogers, in the interest of judicial
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`economy this case should be assigned to her because it is a related case.
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`V.
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`FACTUAL ALLEGATIONS
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`A.
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`THE PATENT CREATES A NOVEL APPLICATION TO SHUT OFF CELL
`PHONE NOTIFICATIONS WHILE DRIVING
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`15.
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`In 2010, Dr. Morris and her children were complaining that her husband was
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`always on or checking his phone while he was driving. As a result, the “OFF MODE” was
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`developed for a breakthrough application for cell phones. It was clear that there were an
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`increasing number of automobile accidents caused by driver distraction due to cell phone use.
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`Automobile accidents caused by distracted driving were on the rise and had become as serious a
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`public safety problem as driving while intoxicated. As many as 25% of all automobile accidents
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`– millions of crashes – were caused by texting and driving. Many drivers are aware of the risks
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`To the extent that Verizon has sold any phones made by Apple or Samsung, they are
`expressly excluded from the claims in this Complaint.
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`Law Offices
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`3
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`

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`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 6 of 58
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`of distracted driving but lack the willpower not to use their phones while driving as shown by
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`studies.
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`16.
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`It was recognized that there was a need for a technological solution that would
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`limit user distractions without forcing the user to turn off their phone and thereby miss essential
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`communications. In furtherance of this, the “OFF MODE” function of the ‘853 patent
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`automatically notifies the sender that the recipient is temporarily unavailable, and it provides a
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`log of missed communications once “OFF MODE” is turned off.
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`The proliferation of accidents caused by distracted driving also created a need for
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`a driver to prove, in the event of an accident, that he or she was not using their phone while
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`driving. Accordingly, the patent created novel functionality for suppressing communications to a
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`user and a means for verifying that a user was not receiving or responding to communications
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`while driving.
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`In essence, “OFF MODE” as described in the ‘853 patent allows users to shut off
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`notifications while driving, and replies with automated responses letting people know they are
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`busy. The “OFF MODE” application blocks the screen from showing text, email, phone calls
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`and other notifications, eliminating distractions so that the driver can focus on road safety. Users
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`still receive incoming messages but without the distracting pop-up notifications, pings, dings,
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`vibrations or other sounds. When “OFF MODE” is turned off, a report of all missed texts and
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`calls is made available to the driver.
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`In 2013, after conceiving of the “OFF MODE” function, a software engineer was
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`hired to build an app for the Android platform and a patent lawyer to draft the patent application.
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`20.
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`In May 2013, the “OFF MODE” app was released to the public. A Facebook
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`page for it was made and the app was available on the Google Play website.
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`The inventor felt so strongly about the public safety advantages of his app that it
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`was made it available to the public for free.
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`B.
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`22.
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`THE USPTO ISSUES THE ‘853 PATENT
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`On June 14, 2013, a provisional patent application was filed for the “OFF
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`Law Offices
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`4
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`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 7 of 58
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`MODE” app titled “Mobile Device Inactive Mode and Inactive Mode Verification.”
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`23.
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`On February 9, 2014, a non-provisional, continuation of patent application for
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`“OFF MODE” was filed.
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`24.
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`On February 17, 2015, a patent was issued, United States Patent No. 8,958,853
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`for “Mobile Device Inactive Mode and Inactive Mode Verification.” See Exhibit A.
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`C.
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`VERIZON INFRINGES THE ‘853 PATENT BY SELLING PHONES WITH
`THE DRIVING MODE FEATURE
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`25.
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`At a time unknown, but occurring after the filing date of the provisional patent
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`application, Verizon began selling phones containing the Driving Mode feature in its Messaging
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`(Message +) app. It had the same features as the “Do Not Disturb” app. “Driving Mode” while
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`driving causes the phone to stay silent and the screen to stay dark while the user is driving.
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`Likewise, if someone sends a message, they receive an automatic reply letting them know that
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`the user is temporarily unavailable. If the message is important, the sender can type the word
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`“urgent” to make sure the user receives a notification. Verizon’s “Driving Mode” feature for its
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`phones mirrors or constitutes the equivalent of the elements comprising the ‘853 patent.
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`26. While “Driving Mode” while driving may have been new to Verizon, it was
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`certainly not new to the marketplace. It was released after the TJTM released its “OFF MODE”
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`app and after the grant of the ‘853 patent. Given the massive legal resources available to Verizon
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`to search new technology for patent infringement, and the knowledge that its software engineers
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`and business executives have of the apps available for download, Verizon was fully aware of the
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`TJTM app and the ‘853 patent at the time it adopted “Driving Mode” for its.
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`On information and belief, “Driving Mode” has been preloaded on many phones
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`sold by Verizon. To the extent it is not pre-loaded, Verizon’s website contains instructions on
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`how to download and install it.
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`D.
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`THE PTAB AFFIRMS THE VALIDITY OF THE PATENT
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`It was learned that Apple had incorporated his invention into its iOS 11 software
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`and was profiting from it. It was wrong for Apple to steal the invention, profit from it, and not
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`pay royalties. Apple was told it that it was using the technology covered by the ‘853 and
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`Law Offices
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`5
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`

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`requested that he be paid an appropriate royalty. Apple refused.
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`29.
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`Shortly thereafter, the ‘853 patent was challenged at the Patent Trial and Appeal
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`Board (“PTAB”)2 by a company called Unified Patents, Inc. Unified Patents is a membership-
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`based organization dedicated to eliminating what a member considers to be a “poor quality
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`patent,” particularly in the tech field. On information and belief, Verizon is a member of Unified
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`Patents.
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`Unified Patents claimed that the ‘853 patent was invalid because the technology
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`was already known, or strongly suggested by, previous patents. The PTAB disagreed, and on
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`July 30, 2019, issued a decision holding that United Patents “failed to demonstrate a reasonable
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`likelihood that it would prevail in showing the unpatentability of at least one challenged claim of
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`the ‘853 Patent.” The PTAB decision is attached as Exhibit B.3
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`31.
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`TJTM ultimately sued Apple for infringing the ‘853 patent. That lawsuit settled
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`before trial.
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`33.
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`At a minimum, Verizon learned of the ‘853 patent from Unified Patents either at
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`the time the proceeding was filed or after its unsuccessful conclusion. Notwithstanding this
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`knowledge, Verizon continued using “Driving Mode” in the phones it sells.
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`FIRST CLAIM FOR RELIEF
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`(Infringement of Patent No. 8,958,853)
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`34.
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`TJTM re-alleges and incorporates by reference the allegations in Paragraphs 1-33
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`of this Complaint.
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`35.
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`Verizon has directly infringed, and continues to infringe, the claims of the ‘853,
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`pursuant to 35 U.S.C. § 271, by using, selling, or offering to sell within the United States,
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`without authority, phones containing the infringing “Driving Mode” during the term of the ‘853
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`2
`The Patent Trial and Appeal Board is an adjudicative body within the U.S. Patent and
`Trademark Office. It decides appeals from decisions of the patent examiners, and adjudicates
`the patentability of issued patents challenged by third parties in post-grant proceedings.
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`After the PTAB proceeding and the settlement of the Apple case, SMTM assigned the
`‘853 patent to TJTM.
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`Law Offices
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`6
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`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 9 of 58
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`36.
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`As just one non-limiting example, set forth below is a description of Verizon’s
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`infringement of claim one of the ‘853 patent in connection with Verizon’s “Driving Mode”
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`feature of the phones it sells. TJTM reserves the right to modify this description, including, for
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`example, on the basis of information about Verizon’s “Driving Mode” feature that is obtained
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`through discovery.
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`37.
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`The “Driving Mode” feature of the Android phones infringes the’853 patent in the
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`Claim Chart for U.S. Patent No. 8,958,853
`Mobile Devices using Verizon Messages (Message+) App
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`Accused Product
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`Claim 1
`“Driving Mode” is a feature incorporated into Verizon’s Messages
`(Message+) App for use on Android mobile devices. “Verizon Messages
`(Message+) comes already installed on many Verizon Android smartphones.”
`https://www.verizon.com/support/how-to-use-verizon-messages-android/
`Android mobile devices include a wireless communication module for
`sending and receiving phone calls, messages and the like.
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`Android mobile devices include a microprocessor that controls the wireless
`communication module.
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`“Driving Mode” on the Verizon Messages (Message+) App is performed by
`the execution of the instructions stored in the memory of the mobile device
`by the processor.
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`following ways:
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`U.S. Patent
`No. 8,958,853
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`1. A mobile
`device
`comprising:
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`a wireless
`communication
`module;
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`a processor,
`controlling the
`wireless
`communication
`module; and
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`a memory
`controlled by
`the processor,
`the memory
`including
`instructions
`that when
`executed by
`the processor
`cause the
`processor to
`perform the
`steps of:
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`Law Offices
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`7
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`

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`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 10 of 58
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`The user can customize one or more functions, e.g., how it activates, etc.
`(https://www.verizon.com/support/knowledge-base-161772/) For example,
`“Driving Mode” can be activated or de-activated using a graphical user
`interface on the Android mobile devices. (“If you need to enable or disable
`Driving Mode, which mutes incoming notifications within the Verizon
`Messages (Message+) app on your Android™ smartphone, follow these step-
`by-step instructions.”)
`
`
`The user can select “Driving Mode” and can tap the “Bluetooth Detection
`Setup Switch” to automatically engage when the Android mobile device pairs
`to the vehicle via Bluetooth. (“Tap the Bluetooth Detection Setup switch to
`turn on or off. While enabled, tap Add a device then select a Bluetooth
`device from the list that automatically triggers Driving Mode when
`connected.” https://www.verizon.com/support/knowledge-base-161772/)
`
`
`
`
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`providing a
`graphical user
`interface
`through which
`a user
`customizes one
`or more
`functions of
`the mobile
`device when
`placed in an
`inactive mode;
`
`
`receiving a
`user selection
`to
`automatically
`initiate the
`inactive mode
`in response to
`the pairing of
`the mobile
`device with a
`vehicle;
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
`
`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`8
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`

`

`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 11 of 58
`
`
`An away message for when the mobile device is in “Driving Mode” on the
`Verizon Messages (Message+) App can be input and saved. (“While enabled,
`tap Driving Auto-Reply Message, enter the desired message then tap Save.”
`https://www.verizon.com/support/knowledge-base-161772/)
`
`receiving a
`user selection
`of an away
`message to use
`when the
`mobile device
`is in inactive
`mode;
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
`
`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`9
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`

`

`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 12 of 58
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`When activated by a user, and in response to the pairing of the mobile device
`and the vehicle, “Driving Mode” is automatically initiated. (“While enabled,
`tap Add a device then select a Bluetooth device from the list that
`automatically triggers Driving Mode when connected.”
`https://www.verizon.com/support/knowledge-base-161772/)
`
`
`in response to
`the pairing of
`the mobile
`device and the
`vehicle,
`automatically
`initiating a
`process to
`place the
`mobile device
`in inactive
`mode;
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`COTCHETT, PITRE &
`
`MCCARTHY, LLP
`
`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`10
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`

`

`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 13 of 58
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`when the
`mobile device
`is in inactive
`mode, in
`response to
`receiving a
`communication
`from the
`wireless
`communication
`module,
`transmitting
`the user
`selected away
`message via
`the wireless
`module and
`suppressing
`one or more
`sound, visual,
`or vibration
`communication
`cues that
`
`When enabled in “Driving Mode”, a user-selected message is sent, and the
`incoming message alert is “muted.” (“While enabled, incoming message
`notifications are muted and an automatic reply can be sent to the message
`sender.” https://www.verizon.com/support/knowledge-base-161772/)
`
`Law Offices
`
`COTCHETT, PITRE &
`
`MCCARTHY, LLP
`
`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`11
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`

`

`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 14 of 58
`
`
`
`would have
`accompanied
`the
`communication
`had the mobile
`device not
`been in
`inactive mode.
`
`38.
`
`To the extent that the Driving Mode app is not pre-loaded into the phones sold by
`
`Verizon and its authorized dealers Verizon is indirectly liable as it offers the app for
`
`downloading into phones and provides directions to consumers on how to download the app
`
`with, on information and belief, knowledge of the ‘853 patent and that the downloading the app
`
`into the phone would create a mobile device that infringes it.
`
`39.
`
`As the direct and proximate result of Verizon’s infringing conduct, TJTM has
`
`suffered injury and, if Verizon’s conduct is not stopped, will continue to suffer, irreparable
`
`injury, and significant damages, in an amount to be proven at trial. Because TJTM’s remedy at
`
`law is inadequate, it seeks permanent injunctive relief.
`
`40.
`
`TJTM is informed and believes, and on that basis alleges, that Verizon’s
`
`infringement of the ‘853 patent has been and continues to be intentional, willful, and without
`
`regard to TJTM’s rights. TJTM is informed and believes, and on that basis alleges, that
`
`Verizon’s infringement of the ‘853 patent is and has been intentional, deliberate, and willful at
`
`least because it had knowledge of the ‘853 as a result of its participation in the cell phone
`
`industry. It surely had knowledge of the “OFF MODE” app which was available for download
`
`long before the launch of the “Driving Mode” feature which, on information and belief, led
`
`Verizon to knowledge of the ‘853 patent.
`
`41.
`
`TJTM is informed and believes, and on that basis alleges, that Verizon has gained
`
`profits by virtue of its infringement of the ‘853 patent or, at a minimum, has avoided paying
`
`license fees for the use of the technology claimed in the ‘853 patent.
`
`42.
`
`TJTM has sustained damages as a direct and proximate result of Verizon’s
`
`infringement of the ‘853.
`
`43.
`
`TJTM will suffer and is suffering irreparable harm from Verizon’s infringement
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`COTCHETT, PITRE &
`
`MCCARTHY, LLP
`
`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`12
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`

`

`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 15 of 58
`
`
`
`of the ‘853. TJTM has no adequate remedy at law and is entitled to an injunction against
`
`Verizon’s continuing infringement of the ‘853. Unless enjoined, Verizon will continue its
`
`infringing conduct.
`
`PRAYER FOR RELIEF
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`WHEREFORE, TJTM prays for relief, as follows:
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`1.
`
`2.
`
`3.
`
`A judgment that the ‘853 is valid and enforceable;
`
`A judgment that Verizon has infringed one of more claims of the ‘853 patent;
`
`An order and judgment permanently enjoining Verizon and its officers, directors,
`
`agents, servants, employees, affiliates, attorneys, and all others acting in privity or in concert
`
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`with them, and their parents, subsidiaries, divisions, successors and assigns from further acts of
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`infringement of the ‘853 patent;
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`4.
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`A judgment awarding TJTM all damages adequate to compensate for Verizon’s
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`infringement of the ‘853, and in no event less than a reasonable royalty for Verizon’s acts of
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`infringement, including all pre-judgment and post-judgment interest at the maximum rate
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`permitted by law;
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`5.
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`A judgment awarding TJTM all damages, including treble damages, based on any
`
`infringement found to be willful pursuant to 35 U.S.C. § 284, together with prejudgment interest;
`
`6.
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`Actual damages suffered by TJTM as a result of Verizon’s unlawful conduct, in
`
`an amount to be proven at trial, as well as prejudgment interest as authorized by law;
`
`7.
`
`A judgment that this is an exceptional case and an award to TJTM of its costs and
`
`reasonable attorneys’ fees incurred in this action as provided by 35 U.S.C. § 285; and
`
`8.
`
`Such other relief as this Court deems just and proper.
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`13
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`

`

`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 16 of 58
`
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`DEMAND FOR JURY TRIAL
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, TJTM hereby demands a
`
`jury trial on all issues raised by the Complaint.
`
`
`
`
`
`
`
`
`Dated: March 31, 2022
`
`
`
`/s/ Joseph W. Cotchett
`By:
`JOSEPH W. COTCHETT
`TAMARAH PREVOST
`KEVIN J. BOUTIN
`COTCHETT, PITRE & McCARTHY, LLP
`San Francisco Airport Office Center
`840 Malcolm Road, Suite 200
`Burlingame, CA 94010
`Telephone: (650) 697-6000
`Facsimile: (650) 697-0577
`
`
`
`/s/ Paul W. Reidl
`By:
`PAUL W. REIDL
`LAW OFFICE OF PAUL W. REIDL
`25 Pinehurst Lane
`Half Moon Bay, CA 94019
`Telephone: (650) 560-8530
`
`Attorneys for Plaintiff,
`TJTM Technologies, LLC
`
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`COTCHETT, PITRE &
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`MCCARTHY, LLP
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`_____________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`14
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`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 17 of 58
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`Exhibit A
`
`

`

`Case 3:22-cv-02081 Document 1 Filed 03/31/22 Page 18 of 58
`eNO
`
`US008958853B1
`
`a2) United States Patent
`US 8,958,853 B1
`(0) Patent No.:
`Feb. 17, 2015
`(45) Date of Patent:
`Bovis
`
`(54)
`
`MOBILE DEVICE INACTIVE MODE AND
`INACTIVE MODE VERIFICATION
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`(71)
`
`Applicant: Nick Bovis, San Francisco, CA (US)
`
`(72)
`
`Inventor: Nick Bovis, San Francisco, CA (US)
`
`2005/0119002 Al*
`2011/0039581 Al*
`
`........0.. 455/441
`6/2005 Bauchotetal.
`2/2011 Caietal. wo... 455/456.4
`
`OTHER PUBLICATIONS
`
`(*)
`
`Notice:
`
`Subject to any disclaimer, the term ofthis
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(21)
`
`Appl. No.: 14/515,477
`
`(22)
`
`Filed:
`
`Oct. 15, 2014
`
`Related U.S. Application Data
`
`(63)
`
`(60)
`
`Continuation of application No. 14/176,107, filed on
`Feb. 9, 2014.
`
`Provisional application No. 61/835,234, filed on Jun.
`14, 2013.
`
`(51)
`
`Int. Cl.
`
`HO04M 1/00
`HO4M 1/725
`HO4W 4/14
`HO04M 3/42
`US. Cl.
`
`(2006.01)
`(2006.01)
`(2009.01)
`(2006.01)
`
`CPC...... HO4M 1/72552 (2013.01); HO4M 1/72577
`(2013.01); HO4W 4/14 (2013.01); HO4M
`3/42374 (2013.01)
`USPC coecccccccccccccsecesseccsscecesseessscessseeeeseeesaes 455/569.2
`Field of Classification Search
`USPC coecccccccccccccsecesseccsscecesseessscessseeeeseeesaes 455/569.2
`
`(52)
`
`(58)
`
`Layborn, Announcing our Third Windows Phone 8 Update—Plusa
`New Developer Preview Program, Blogging Windows, Oct. 14,
`2013, http://blogs.windows.com/bloggingwindows/20 13/10/14/an-
`nouncing-our-third-windows-phone-8-update-plus-a-new-devel-
`oper-preview-program/.
`Tue, Stay Safe with Windows Phone Driving Mode, Microsoft Con-
`versations, Jan. 21, 2014, http://conversations.nokia.com/2014/01/
`2 1/stay-safe-windows-phone-driving-mode/.
`Nokia Lumia 1520—Set Your Phone to Driving Mode, Microsoft,
`http://www.microsoft.com/en-us/mobile/support/product/
`lumia1520/userguidance/?action=singleTopic&topic=GUID-
`9E1144DE-0101-4108-BFED-DF22C1B31E4C.
`
`* cited by examiner
`
`Primary Examiner — Joel Ajayi
`(74) Attorney, Agent, or Firm — Richards Patent Law P.C.
`
`ABSTRACT
`(57)
`A mobile device, comprising: a processor; and a memory
`including instructions that when executed by the processor
`cause it to perform the steps of: receiving a user selection to
`automatically enter an inactive mode in response to an action
`within the mobile d