Case 1:21-cv-00304-UNA Document 1 Filed 02/26/21 Page 1 of 35 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`CORETEK LICENSING LLC,
`
` Plaintiff,
`
` v.
`
`DISCORD INC.,
`
` Defendant.
`
`
`Civil Action No.:
`
`
`TRIAL BY JURY DEMANDED
`
`
`COMPLAINT FOR INFRINGEMENT OF PATENT
`
`Now comes, Plaintiff, Coretek Licensing LLC (“Plaintiff” or “Coretek”), by and through
`
`undersigned counsel, and respectfully alleges, states, and prays as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement under the Patent Laws of the United States,
`
`Title 35 United States Code (“U.S.C.”) to prevent and enjoin Defendant Discord Inc. (hereinafter
`
`“Defendant”), from infringing and profiting, in an illegal and unauthorized manner, and without
`
`authorization and/or consent from Plaintiff from U.S. Patent No 8,861,512 (“the ‘512 Patent”),
`
`U.S. Patent No. 9,173,154 (“the ‘154 Patent”), U.S. Patent No. 9,369,575 (“the ‘575 Patent”), and
`
`U.S. Patent No. 9,591,551 (“the ‘551 Patent”) (collectively the “Patents-in-Suit”), which are
`
`attached hereto as Exhibits 1, 2, 3, and 4, respectively, and incorporated herein by reference, and
`
`pursuant to 35 U.S.C. §271, and to recover damages, attorney’s fees, and costs.
`
`THE PARTIES
`
`2.
`
`Plaintiff is a Texas limited liability company with its principal place of business at
`
`2018 Dallas Parkway – Suite 214-1051, Plano, Texas 75093-4362.
`
`3.
`
`Upon information and belief, Defendant is a corporation organized under the laws
`
`of Delaware, with a principal place of business at 444 De Haro St., Ste. 200, San Francisco, CA
`
`
`
`1
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`

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`Case 1:21-cv-00304-UNA Document 1 Filed 02/26/21 Page 2 of 35 PageID #: 2
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`94107. Upon information and belief, Defendant may be served with process c/o The Corporation
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`Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
`
`4.
`
`Plaintiff is further informed and believes, and on that basis alleges, that Defendant
`
`operates the website www.discord.com. Defendant derives a portion of its revenue from sales and
`
`distribution via electronic transactions conducted on and using at least, but not limited to, its
`
`Internet website located at www.discord.com, and its incorporated and/or related systems
`
`(collectively the “Discord Website”). Plaintiff is informed and believes, and on that basis alleges,
`
`that, at all times relevant hereto, Defendant has done and continues to do business in this judicial
`
`district, including, but not limited to, providing products/services to customers located in this
`
`judicial district by way of the Discord Website.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for patent infringement in violation of the Patent Act of the United
`
`States, 35 U.S.C. §§1 et seq.
`
`6.
`
`The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§1331 and 1338(a).
`
`7.
`
`This Court has personal jurisdiction over Defendant by virtue of its systematic and
`
`continuous contacts with this jurisdiction and its residence in this District, as well as because of
`
`the injury to Plaintiff, and the cause of action Plaintiff has risen in this District, as alleged herein.
`
`8.
`
`Defendant is subject to this Court’s specific and general personal jurisdiction
`
`pursuant to its substantial business in this forum, including: (i) at least a portion of the
`
`infringements alleged herein; (ii) regularly doing or soliciting business, engaging in other
`
`persistent courses of conduct, and/or deriving substantial revenue from goods and services
`
`
`
`2
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`

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`Case 1:21-cv-00304-UNA Document 1 Filed 02/26/21 Page 3 of 35 PageID #: 3
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`provided to individuals in this forum state and in this judicial District; and (iii) being incorporated
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`in this District.
`
`9.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §1400(b) because
`
`Defendant resides in this District under the Supreme Court’s opinion in TC Heartland v. Kraft
`
`Foods Group Brands LLC, 137 S. Ct. 1514 (2017) through its incorporation, and regular and
`
`established place of business in this District.
`
`FACTUAL ALLEGATIONS
`
`10.
`
`On October 14, 2014, the United States Patent and Trademark Office (“USPTO”)
`
`duly and legally issued the ‘512 Patent, entitled “METHOD OF ENABLING A WIRELESS
`
`DEVICE TO MAKE A NETWORK CONNECTION WITHOUT USING A NETWORK
`
`OPERATOR’S HOME LOCATION REGISTER” after a full and fair examination. The ‘512
`
`Patent is attached hereto as Exhibit A and incorporated herein as if fully rewritten.
`
`11.
`
`Plaintiff is presently the owner of the ‘512 Patent, having received all right, title
`
`and interest in and to the ‘512 Patent from the previous assignee of record. Plaintiff possesses all
`
`rights of recovery under the ‘512 Patent, including the exclusive right to recover for past
`
`infringement.
`
`12.
`
`To the extent required, Plaintiff has complied with all marking requirements under
`
`35 U.S.C. § 287 with respect to the ‘512 Patent.
`
`13.
`
`The invention claimed in the ‘512 Patent comprises a method, system, and/or server
`
`enabling a wireless device to initiate a network connection without using a network operator's
`
`home location register.
`
`
`
`3
`
`

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`14.
`
`Claim 1 of the ‘512 Patent recites a method of enabling a wireless device, located
`
`in a region, to initiate a network connection without using a network operator's home location
`
`register.
`
`15.
`
`Claim 1 of the ‘512 Patent states:
`
`“1. A method of enabling a wireless device, located in a region, to
`initiate a network connection without using a network operator's home
`location register that covers that region, comprising the steps of:
`(a) the wireless device using a module that is responsible for
`contacting a server to communicate with the server over a wireless link,
`wherein the device includes the module that is implemented as software and
`that is downloadable to the device;
`(b) the wireless device using the module to send, over the wireless
`link, data to the server that defines a call request;
`(c) in response to the call request, a software application running on
`the server deciding on the appropriate routing to a third party end-user over
`all available networks for that call request without using the network
`operator's home or visitor location register.” See Exhibit A.
`
`Claim 12 of the ‘512 Patent states:
`
`“12. The method of claim 1 in which the module establishes and
`
`controls communication between the device and the server.” See Exhibit A.
`
`Claim 23 of the ‘512 Patent recites a system comprising a wireless device located
`
`
`16.
`
`17.
`
`in a region and a server for enabling the wireless device to communicate with the server to initiate
`
`a network connection without using a network operator's home location.
`
`18.
`
`Claim 23 of the ‘512 Patent states:
`
`“23. A system comprising a wireless device located in a region and
`
`a server for enabling the wireless device to communicate with the server to
`initiate a network connection without using a network operator's home
`location register that covers that region, wherein the server includes a
`software application that functions as a calls manager, wherein:
`
`(a) the wireless device is operable using a module that is responsible
`for contacting the server to communicate with the server over a wireless
`
`
`
`4
`
`

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`link, wherein the device includes the module that is implemented as
`software and that is downloadable to the device;
`
`(b) the wireless device is operable using the module to send, over
`the wireless link, data to the server that defines a call request;
`
`(c) in response to the call request, the calls manager software
`included on the server is operable to decide on the appropriate routing to a
`third party end-user over all available networks for that call request without
`using the network operator's home or visitor location register.” See Exhibit
`A.
`
`Claim 24 of the ‘512 Patent recites a server for enabling a wireless device to
`
`19.
`
`communicate with the server to initiate a network connection without using a network operator's
`
`home location register.
`
`20.
`
`Claim 24 of the ‘512 Patent states:
`
`“24. A server for enabling a wireless device to communicate with
`
`the server to initiate a network connection without using a network
`operator's home location register, wherein the server includes a software
`application that functions as a calls manager, wherein:
`
`(a) the wireless device is operable using a module that is responsible
`for contacting the server to communicate with the server over a wireless
`link, wherein the device includes the module that is implemented as
`software and that is downloadable to the device;
`
`(b) the wireless device is operable using the module to send, over
`the wireless link, data to the server that defines a call request;
`
`(c) in response to the call request, the calls manager software
`included on the server is operable to decide on the appropriate routing to a
`third party end-user over all available networks for that call request without
`using that network operator's home or visitor location register.” See Exhibit
`A.
`
`Defendant commercializes, inter alia, methods that perform all the steps recited in
`
`21.
`
`at least one claim of the ‘512 Patent. More particularly, Defendant commercializes, inter alia,
`
`methods, systems, and/or servers that perform all the steps recited in Claims 1, 12, 23, and/or 24
`
`of the ‘512 Patent. Specifically, Defendant makes, uses, sells, offers for sale, or imports a method,
`
`system, and/or server that enables a wireless device to initiate a network connection without using
`
`
`
`5
`
`

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`Case 1:21-cv-00304-UNA Document 1 Filed 02/26/21 Page 6 of 35 PageID #: 6
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`a network operator's home location register that encompasses that which is covered by Claims 1,
`
`12, 23, and/or 24 of the ‘512 Patent.
`
`22.
`
`On October 27, 2015, the United States Patent and Trademark Office (“USPTO”)
`
`duly and legally issued the ‘154 Patent, entitled “METHOD OF ENABLING A WIRELESS
`
`DEVICE TO MAKE A NETWORK CONNECTION WITHOUT USING A NETWORK
`
`OPERATOR’S HOME LOCATION REGISTER” after a full and fair examination. The ‘154
`
`Patent is attached hereto as Exhibit B and incorporated herein as if fully rewritten.
`
`23.
`
`Plaintiff is presently the owner of the ‘154 Patent, having received all right, title
`
`and interest in and to the ‘154 Patent from the previous assignee of record. Plaintiff possesses all
`
`rights of recovery under the ‘154 Patent, including the exclusive right to recover for past
`
`infringement.
`
`24.
`
`To the extent required, Plaintiff has complied with all marking requirements under
`
`35 U.S.C. § 287 with respect to the ‘154 Patent.
`
`25.
`
`The invention claimed in the ‘154 Patent comprises a method, system, server,
`
`and/or computer product enabling a wireless device to initiate a network connection without using
`
`a network operator's home location register.
`
`26.
`
`Claim 1 of the ‘154 Patent recites a method of enabling a wireless device to initiate
`
`a network connection without using a network operator's home location register.
`
`27.
`
`Claim 1 of the ‘154 Patent states:
`
`“1. A method of enabling a wireless handheld cellular phone device,
`located in a region, to initiate a network connection without using a network
`operator's home location register that covers that region, comprising the
`steps of:
`(a) the wireless handheld cellular phone device using a module that
`is responsible for contacting a server to communicate with the server over
`a wireless link, wherein the wireless handheld cellular phone device
`
`
`
`6
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`

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`includes the module that is implemented as software and that is
`downloadable to the wireless handheld cellular phone device;
`(b) the wireless handheld cellular phone device using the module to
`send, over the wireless link, data to the server that defines a call request;
`(c) in response to the call request, a software application running on
`the server deciding on the appropriate routing to a 3rd party end-user for
`that call request without using the network operator's home or visitor
`location register.” See Exhibit B.
`
`
`
`28.
`
`Claim 11 of the ‘154 Patent states:
`
`“11. The method of claim 1 in which the module establishes and
`controls communication between the device and the server.” See Exhibit B.
`
`Claim 22 of the ‘154 Patent recites a system comprising a wireless handheld cellular
`
`29.
`
`phone device located in a region and a server for enabling the wireless handheld cellular phone
`
`device to communicate with the server to initiate a network connection without using a network
`
`operator's home location register.
`
`30.
`
`Claim 22 of the ‘154 Patent states:
`
`“22. A system comprising a wireless handheld cellular phone device
`located in a region and a server for enabling the wireless handheld cellular
`phone device to communicate with the server to initiate a network
`connection without using a network operator's home location register that
`covers that region, wherein the server includes a software application that
`functions as a calls manager, wherein:
`(a) the wireless handheld cellular phone device is operable using a
`module that is responsible for contacting the server to communicate with
`the server over a wireless link, wherein the wireless handheld cellular phone
`device includes the module that is implemented as software and that is
`downloadable to the wireless handheld cellular phone device;
`(b) the wireless handheld cellular phone device is operable using the
`module to send, over the wireless link, data to the server that defines a call
`request;
`(c) in response to the call request, the calls manager software
`included on the server is operable to decide on the appropriate routing to a
`3rd party end-user for that call request without using the network operator's
`home or visitor location register.” See Exhibit B.
`
`
`
`7
`
`

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`
`Claim 23 of the ‘154 Patent recites a server for enabling a wireless handheld cellular
`
`31.
`
`phone device to communicate with the server to initiate a network connection without using a
`
`network operator's home location register.
`
`32.
`
`Claim 23 of the ‘154 Patent states:
`
`“23. A server for enabling a wireless handheld cellular phone device
`to communicate with the server to initiate a network connection without
`using a network operator's home location register, wherein the server
`includes a software application that functions as a calls manager, wherein:
`(a) the wireless handheld cellular phone device is operable using a
`module that is responsible for contacting the server to communicate with
`the server over a wireless link, wherein the wireless handheld cellular phone
`device includes the module that is implemented as software and that is
`downloadable to the wireless handheld cellular phone device;
`(b) the wireless handheld cellular phone device is operable using the
`module to send, over the wireless link, data to the server that defines a call
`request;
`(c) in response to the call request, the calls manager software
`included on the server is operable to decide on the appropriate routing to a
`3rd party end-user for that call request without using that network operator's
`home or visitor location register.” See Exhibit B.
`
`Claim 24 of the ‘154 Patent recites a computer program product that enables a
`
`33.
`
`wireless handheld cellular phone device to initiate a network connection without using a network
`
`operator's home location register.
`
`34.
`
`Claim 24 of the ‘154 Patent states:
`
`“24. Computer program product embodied on a non-transitory
`storage medium, the computer program product when executing on a
`wireless handheld cellular phone device configured to enable the wireless
`handheld cellular phone device, when located in a region, to initiate a
`network connection without using a network operator's home location
`register that covers that region, the computer program product configured
`to:
`
`(a) contact a server to communicate with the server over a wireless
`link, and
`
`
`
`8
`
`

`

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`(b) send, over the wireless link, data to the server that defines a call
`request;
`wherein, in response to the call request, a software application
`running on the server decides on the appropriate routing to a 3rd party end-
`user for that call request without using the network operator's home or
`visitor location register, and wherein the computer program product is
`downloadable to the wireless handheld cellular phone device.” See Exhibit
`B.
`
`
`Defendant commercializes, inter alia, methods, systems, servers, and/or computer
`
`35.
`
`products that perform all the steps recited in at least one claim of the ‘154 Patent. More particularly,
`
`Defendant commercializes, inter alia, methods that perform all the steps recited in Claims 1, 11,
`
`22, 23, and/or 24 of the ‘154 Patent. Specifically, Defendant makes, uses, sells, offers for sale, or
`
`imports a method, system, server, and/or computer product that enables a wireless device to initiate
`
`a network connection without using a network operator's home location register that encompasses
`
`that which is covered by Claims 1, 11, 22, 23, and/or 24 of the ‘154 Patent.
`
`36.
`
`On June 14, 2016, the United States Patent and Trademark Office (“USPTO”) duly
`
`and legally issued the ‘575 Patent, entitled “DYNAMIC VOIP LOCATION SYSTEM” after a full
`
`and fair examination. The ‘575 Patent is attached hereto as Exhibit C and incorporated herein as if
`
`fully rewritten.
`
`37.
`
`Plaintiff is presently the owner of the ‘575 Patent, having received all right, title
`
`and interest in and to the ‘575 Patent from the previous assignee of record. Plaintiff possesses all
`
`rights of recovery under the ‘575 Patent, including the exclusive right to recover for past
`
`infringement.
`
`38.
`
`To the extent required, Plaintiff has complied with all marking requirements under
`
`35 U.S.C. § 287 with respect to the ‘575 Patent.
`
`
`
`9
`
`

`

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`39.
`
`The invention claimed in the ‘575 Patent comprises a system for detecting or
`
`determining any given VoIP (Voice over internet protocol) location of any VoIP enabled wireless
`
`device registered to the system.
`
`40.
`
`Claim 1 of the ‘575 Patent recites a system for detecting or determining any given
`
`“VoIP (Voice over internet protocol) location” of any “VoIP enabled wireless device registered to
`
`the system”.
`
`41.
`
`Claim 1 of the ‘575 Patent states:
`
`“1. A system for detecting or determining any given “VoIP (Voice
`over internet protocol) location” of any “VoIP enabled wireless device
`registered to the system” by extracting any such device's “VoIP address or
`return path” and storing it and updating it in one or more accessible
`databases, the system including a server, a VoIP enabled wireless device
`registered to the server and a software module downloadable from the server
`to the VoIP enabled wireless device, in which:
`(a) the system is adapted to receive VOID communications from
`multiple VoIP enabled wireless devices;
`(b) the system enables access to information in one or more
`databases;
`(c) the system is capable of extracting and reporting dynamically the
`“VoIP address or return path” and all associated information from each
`incoming data communication from any “VoIP enabled wireless device
`registered to the system” into a database(s) associated with each
`corresponding registered VoIP enabled wireless device user account;
`(d) the system is capable of extracting a specific “VoIP address or
`return path” and all associated information corresponding to a specific
`registered VOID enabled wireless device user account from the system
`accessible database(s) and communicating with each specific VoIP enabled
`wireless device registered to the system through each specific “VoIP
`address or return path”;
`(e) in which the VoIP enabled wireless device registered to the
`server incorporates the software module, which at certain time intervals
`authenticates and connects to the server which is part of the system, and
`(f) wherein a time between each time interval of the registered VoIP
`enabled wireless device authenticating and connecting with the server is less
`
`
`
`10
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`

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`than a time allowed by the registered VoIP enabled wireless device to
`receive a response from the server.” See Exhibit C.
`
`
`42.
`
`Defendant commercializes, inter alia, systems that perform all the steps recited in
`
`at least one claim of the ‘575 Patent. More particularly, Defendant commercializes, inter alia,
`
`methods that perform all the steps recited in Claim 1 of the ‘575 Patent. Specifically, Defendant
`
`makes, uses, sells, offers for sale, or imports a system that detects or determines any given VoIP
`
`(Voice over internet protocol) location of any VoIP enabled wireless device registered to the
`
`system that encompasses that which is covered by Claim 1 of the ‘575 Patent.
`
`43.
`
`On March 7, 2017, the United States Patent and Trademark Office (“USPTO”) duly
`
`and legally issued the ‘551 Patent, entitled “METHOD OF ENABLING A WIRELESS DEVICE
`
`TO MAKE A NETWORK CONNECTION WITHOUT USING A NETWORK OPERATOR’S
`
`HOME LOCATION REGISTER” after a full and fair examination. The ‘551 Patent is attached
`
`hereto as Exhibit D and incorporated herein as if fully rewritten.
`
`44.
`
`Plaintiff is presently the owner of the ‘551 Patent, having received all right, title
`
`and interest in and to the ‘551 Patent from the previous assignee of record. Plaintiff possesses all
`
`rights of recovery under the ‘551 Patent, including the exclusive right to recover for past
`
`infringement.
`
`45.
`
`To the extent required, Plaintiff has complied with all marking requirements under
`
`35 U.S.C. § 287 with respect to the ‘551 Patent.
`
`46.
`
`The invention claimed in the ‘551 Patent comprises a method, system, server,
`
`and/or computer product enabling a wireless device to initiate a network connection without using
`
`a network operator's home location register.
`
`
`
`11
`
`

`

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`47.
`
`Claim 1 of the ‘551 Patent recites a computer program product configured to enable
`
`the wireless device to initiate a network connection without using a network operator's home
`
`location register.
`
`48.
`
`Claim 1 of the ‘551 Patent states:
`
`“1. Computer program product embodied on a non-transitory
`storage medium, the computer program product when executing on a
`wireless device configured to enable the wireless device, when located in a
`region, to initiate a network connection without using a network operator's
`home location register that covers that region, the computer program
`product configured to:
`(a) contact a server to communicate with the server over a wireless
`link, and
`(b) send, over the wireless link, data to the server that defines a call
`request;
`wherein, in response to the call request, a software application
`running on the server decides on the appropriate routing to a 3rd party end-
`user for that call request without using the network operator's home or
`visitor location register.” See Exhibit D.
`
`49.
`
`Claim 3 of the ‘551 Patent states:
`
`“3. Computer program product of claim 1, wherein the computer
`program product is downloadable to the wireless device.” See Exhibit D.
`
`Claim 4 of the ‘551 Patent states:
`
`“4. Computer program product of claim 1, wherein the computer
`program product is embedded in the wireless device.” See Exhibit D.
`
`Claim 5 of the ‘551 Patent states:
`
`“5. Computer program product of claim 1, wherein the server is an
`application server.” See Exhibit D.
`Claim 7 of the ‘551 Patent states:
`
`“7. Computer program product of claim 1, wherein the wireless
`device uses the internet to communicate with the server.” See Exhibit D.
`
`Claim 9 of the ‘551 Patent states:
`
`50.
`
`51.
`
`52.
`
`53.
`
`12
`
`
`
`
`
`

`

`Case 1:21-cv-00304-UNA Document 1 Filed 02/26/21 Page 13 of 35 PageID #: 13
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`“9. Computer program product of claim 1, wherein the computer
`program product is configured to receive calls at the wireless device.” See
`Exhibit D.
`
`Claim 12 of the ‘551 Patent states:
`
`“12. Computer program product of claim 1, wherein the computer
`program product is configured to provide messages over the internet, or
`HTTP over the internet communication from the wireless device to the
`server.” See Exhibit D.
`
`Claim 14 of the ‘551 Patent states:
`
`“14. Computer program product of claim 1, wherein the computer
`program product is configured to establish and control communication
`between the wireless device and the server.” See Exhibit D.
`
`Claim 22 of the ‘551 Patent recites a method of enabling a wireless device, located
`
`54.
`
`55.
`
`56.
`
`in a region, to initiate a network connection without using a network operator's home location
`
`register.
`
`57.
`
`Claim 22 of the ‘551 Patent states:
`
`“22. A method of enabling a wireless device, located in a region, to
`initiate a network connection without using a network operator's home
`location register that covers that region, comprising the steps of:
`(a) the wireless device using a module that is responsible for
`contacting a server to communicate with the server over a wireless link,
`wherein the wireless device includes the module that is implemented as
`software and that is downloadable to the wireless device;
`(b) the wireless device using the module to send, over the wireless
`link, data to the server that defines a call request;
`(c) in response to the call request, a software application running on
`the server deciding on the appropriate routing to a 3rd party end-user for
`that call request without using the network operator's home or visitor
`location register.” See Exhibit D.
`
`
`
`
`13
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`

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`
`58.
`
`Claim 23 of the ‘551 Patent recites system enabling a wireless device to
`
`communicate with the server to initiate a network connection without using a network operator's
`
`home location register.
`
`59.
`
`Claim 23 of the ‘551 Patent states:
`
`“23. A system comprising a wireless device located in a region and
`a server for enabling the wireless device to communicate with the server to
`initiate a network connection without using a network operator's home
`location register that covers that region, wherein the server includes a
`software application that functions as a calls manager, wherein:
`(a) the wireless device is operable using a module that is responsible
`for contacting the server to communicate with the server over a wireless
`link, wherein the wireless device includes the module that is implemented
`as software and that is downloadable to the wireless device;
`(b) the wireless device is operable using the module to send, over
`the wireless link, data to the server that defines a call request;
`(c) in response to the call request, the calls manager software
`included on the server is operable to decide on the appropriate routing to a
`3rd party end-user for that call request without using the network operator's
`home or visitor location register.” See Exhibit D.
`
`Claim 24 of the ‘551 Patent recites a server for enabling a wireless device to
`
`60.
`
`communicate with the server to initiate a network connection without using a network operator's
`
`home location register.
`
`61.
`
`Claim 24 of the ‘551 Patent states:
`
`“24. A server for enabling a wireless device to communicate with
`the server to initiate a network connection without using a network
`operator's home location register, wherein the server includes a software
`application that functions as a calls manager, wherein:
`(a) the wireless device is operable using a module that is responsible
`for contacting the server to communicate with the server over a wireless
`link, wherein the wireless device includes the module that is implemented
`as software and that is downloadable to the wireless device;
`(b) the wireless device is operable using the module to send, over
`the wireless link, data to the server that defines a call request;
`
`
`
`14
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`Case 1:21-cv-00304-UNA Document 1 Filed 02/26/21 Page 15 of 35 PageID #: 15
`
`(c) in response to the call request, the calls manager software
`included on the server is operable to decide on the appropriate routing to a
`3rd party end-user for that call request without using that network operator's
`home or visitor location register.” See Exhibit D.
`
`Defendant commercializes, inter alia, methods, systems, servers, and/or computer
`
`62.
`
`products that perform all the steps recited in at least one claim of the ‘551 Patent. More particularly,
`
`Defendant commercializes, inter alia, methods that perform all the steps recited in Claims 1, 3, 4,
`
`5, 7, 9, 12, 14, 22, 23, and/or 24 of the ‘551 Patent. Specifically, Defendant makes, uses, sells,
`
`offers for sale, or imports a method, system, server, and/or computer product that enables a
`
`wireless device to initiate a network connection without using a network operator's home location
`
`register that encompasses that which is covered by Claims 1, 3, 4, 5, 7, 9, 12, 14, 22, 23, and/or 24
`
`of the ‘551 Patent.
`
`DEFENDANT’S PRODUCT(S)
`
`U.S. 8,861,512
`
`63.
`
`Defendant offers solutions, such as “Discord” (the “Accused Product”)
`
`communications software.
`
`64.
`
`A non-limiting and exemplary claim chart comparing the Accused Product to
`
`Claims 1, 12, 23, and 24 of the ‘512 Patent is attached hereto as Exhibit 5 and is incorporated
`
`herein as if fully rewritten.
`
`65.
`
`As recited in Claim 1, the Accused Product discloses a method of enabling a
`
`wireless device (e.g., Smartphone), located in a region, to initiate a network connection (e.g., SIP
`
`Invite) without using a network operator's home location register that covers that region. The
`
`accused product uses Internet or IP network for calling. As shown below, the Accused Product
`
`doesn’t make use of home location register (e.g., HLR). See Exhibit 5.
`
`
`
`15
`
`

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`Case 1:21-cv-00304-UNA Document 1 Filed 02/26/21 Page 16 of 35 PageID #: 16
`
`66.
`
`As recited in one step of Claim 1, the wireless device (e.g., Smartphone) using a
`
`module (e.g., Discord application) that is responsible for contacting a server (e.g., Discord Server)
`
`to communicate with the server (e.g., Discord Server) over a wireless link (e.g., Wi-Fi/Cellular
`
`link), wherein the wireless device (e.g., Smartphone) includes the module (e.g., Discord
`
`application) that is implemented as software and that is downloadable to the wireless device (e.g.,
`
`Smartphone). See Exhibit 5.
`
`67.
`
`As recited in another step of Claim 1, the wireless device (e.g., Smartphone) using
`
`the module (e.g., Discord application) to send, over the wireless link (e.g., Wi-Fi/Cellular link),
`
`data to the server (e.g., Discord) that defines a call request (e.g., Invite signal from caller to server).
`
`See Exhibit 5.
`
`68.
`
`As recited in another step of Claim 1, in response to the call request (e.g., Invite
`
`signal from caller to server), a software application (e.g., software pertaining to SIP proxy running
`
`at Discord server to route/manage calls) running on the server (e.g., Discord Server) deciding on
`
`the appropriate routing (e.g., Invite signal from server to callee) to a third party end-user (e.g.,
`
`Other users using The Discord application) over all available networks for that call request (e.g.,
`
`Invite signal from caller to server) without using the network operator's home or visitor location
`
`register. See Exhibit 5.
`
`69.
`
`As recited in Claim 12, the module (e.g., Discord application) establishes and
`
`control communication (e.g., SIP communication) between the wireless device (e.g., Smartphone)
`
`and the server (e.g., The Discord application Server). See Exhibit 5.
`
`70.
`
`As recited in Claim 23, the Accused Product discloses a system comprising a
`
`wireless device (e.g., Smartphone) located in a region and a server (e.g., The Discord application
`
`Server) for enabling the wireless device (e.g., Smartphone) to communicate with the server (e.g.,
`
`
`
`16
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`Case 1:21-cv-00304-UNA