Case 1:23-cv-01183-UNA Document 1 Filed 10/19/23 Page 1 of 28 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiff,
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`v.
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`ZIPIT WIRELESS, INC.,
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`GOOGLE LLC;
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`Defendant.
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`Civil Action No. ____________
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff, Zipit Wireless, Inc., for its Complaint against Defendant Google LLC, alleges as
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`follows:
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`INTRODUCTION
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`1.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35, United States Code.
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`
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`THE PARTIES
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`2.
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`Plaintiff, Zipit Wireless, Inc. (hereinafter “Zipit”) is a Delaware Corporation with a
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`principal place of business located at 101 North Main Street, Suite 201, Greenville, South Carolina
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`29601.
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`3.
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`On information and belief, Defendant Google LLC is a Delaware limited liability
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`company. On information and belief, Defendant Google LLC’s registered agent is Corporation
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`Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808.
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`JURISDICTION
`This Court has subject matter jurisdiction over all causes of action set forth herein
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`4.
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the
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`United States, Title 35, United States Code, including 35 U.S.C. §271 et seq.
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`5.
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`Defendant is in the business of supplying instant messaging devices, such as
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`smartphones, in and throughout the United States, including in this State and in this judicial
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`district.
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`6.
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`This Court may properly exercise personal jurisdiction over the Defendant.
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`Defendant is a Delaware LLC.
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`7.
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`Defendant has solicited business in this State, transacted business within this State
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`and attempted to derive financial benefit from residents of this State, including benefits directly
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`related to the instant patent infringement cause of action set forth herein.
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`8.
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`Defendant has made, used, sold, offered for sale, and/or imported instant
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`messaging devices or wireless mobile communications devices, such as smartphones, in this
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`judicial district and/or has placed such phones into the stream of commerce with the knowledge
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`and intent that such phones have been offered for sale, sold, and/or used in this State and this
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`judicial district. On information and belief, Defendant’s customers in this State have purchased
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`and used and continue to purchase and use Defendant’s products.
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`9.
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`At the time of filing of this Complaint, Defendant’s smartphones are available for
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`purchase by consumers in this State, including within this judicial district.
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`10.
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`This Court has personal jurisdiction over Defendant because: (i) Defendant is a
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`Delaware LLC; (ii) Defendant has and continues to intentionally sell products and methods,
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`including the infringing methods, to customers in this State; (iii) Defendant has and continues to
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`intentionally instruct customers and potential customers in this State with respect to how to use the
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`products and methods that Defendant sells to customers in this State; (iv) Defendant knows and has
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`known its products and methods, including the infringing methods, have and continue to be sold and
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`marketed in this State; (v) Defendant knows and has known that its manufactured products and
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`methods will enter the United States of America and this State; (vi) Defendant has and continues to
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`target customers and potential customers in this State to buy and/or use Defendant’s products and
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`methods, including the infringing methods; (vii) Defendant has and continues to provide advice to
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`customers in this State; (viii) it has been and continues to be foreseeable that Defendant’s products
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`and methods, including the infringing methods, would enter this State; (ix) Defendant has and
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`continues to market to citizens of this State through its website; (x) Defendant has and continues to
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`provide services to citizens of this State through its website; (xi) Defendant derives substantial
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`revenue from this State; (xii) this State has and continues to be part of Defendant’s established
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`distribution channels; (xiii) the assertion of personal jurisdiction over Defendant is reasonable and
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`fair; (xiv) and this State has an interest in this matter due to the presence of Defendant’s products
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`and methods, including the infringing methods, in this State.
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`11.
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`Venue is this district is proper pursuant to 28 U.S.C. §1331, §1338, §1391, and
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`§1400 at least because Defendant is a Delaware entity and Defendant has committed acts of
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`infringement in this judicial district.
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`BACKGROUND
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`Zipit’s Technology
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`12.
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`Zipit has and continues to offer for sale Wi-Fi based instant messaging solutions.
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`Zipit’s first product, the Zipit Wireless Messenger:
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`3
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`was introduced in 2004 and was sold through major retailers including Target, Best Buy, Radio
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`Shack, and Amazon and received press coverage in the Chicago Tribune, the New York Times,
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`and many media outlets.
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`13.
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`In 2007, Zipit introduced its second-generation Wi-Fi based instant messaging
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`device known as “Z2”:
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`14.
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`In 2011, Zipit launched an enterprise messaging solution in conjunction with a
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`major U.S. cellular carrier and is actively selling this solution into healthcare, hospitality, ems,
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`manufacturing, utility, and government accounts. Zipit’s solution has been deployed in over 250
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`enterprise customers across the U.S. and Zipit’s customer base continues to grow monthly.
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`Zipit’s Awards And Notoriety
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`15.
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`In 2005, Time Magazine awarded Zipit’s first Wi-Fi instant messaging device
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`(“Zippy”) Time’s “The Most Amazing Inventions of 2005” Award:
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`To determine the award winners, Time Magazine “spent more than six months surveying fields as
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`diverse as electronics, aeronautics, medical technology, sports equipment, toys, clothing and food
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`looking for the newest-and most inspired-ideas of the year.”
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`16.
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`Zipit’s “Zippy” instant messaging device also won an award from iParenting
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`Media in 2006.
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`5
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`17.
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`Zipit’s “Zippy” Wi-Fi instant messaging device also received praise and acclaim
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`in media across the United States and the World in at least the Chicago Tribune “Zipit is king of
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`messengers” (March 3, 2005); the New York Times “Making an Easy Task, Instant Messaging,
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`Even Easier.” (March 10, 2005); the New York Times “Making an Easy Task, Instant
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`Messaging, Even Easier.” (March 21, 2005) (Online Edition); the Austin American-Statesman
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`“Gadgets: … Instant messaging with no extra charges” (March 21, 2005); ABC12.com “Zipit
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`Wireless Messenger” (Aug. 15, 2005); ABC12.com “Zipit Wireless Messenger” (Aug. 22,
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`2005); The Greenville News (Dec. 5, 2004); Parade “a brilliant little device” (April 24, 2005);
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`Univision.com; ym.com “What’s Hot: March 15, 2005” (March 17, 2005); Gizmodo “Perfect for
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`the IM addict” (July 19, 2005); Gizmodo “Teacher’s Worst Nightmare - Aeronix ZipIt” (Sept.
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`29, 2005); HeraldToday.com (“Zipit rules wireless messenging world”) (March 10, 2005); HUB:
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`Digital Living (March 2005); New York Daily News “Hot, hotter, hottest: The Definitive guide
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`to who and what is sexy right now” “Gadgets” (April 3, 2005); and the St. Petersburg Times
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`“2005 Annual Gadget Guide From Apple to Zipit” “For the good times” (Nov. 28, 2005).
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`18.
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`Zipit’s second version of its Wi-Fi instant messaging device, “Z2,” also was
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`widely praised and acclaimed. In 2007, PC Magazine awarded Zipit’s “Z2” the “Winner” of its
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`“Best of Show” award at the Digital Life show in the category of “Portable Gear.” Zipit’s “Z2”
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`also won another award from iParenting Media in 2008.
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`19.
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`Zipit’s “Z2” Wi-Fi instant messaging device, also was praised in at least the
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`following media sources: PC Magazine DigitalLife 2007 “Best of Show” (Sept. 28, 2007);
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`DigitalLife’s “Best of Show Award” (Oct. 2, 2007); 2013 iParenting Media Awards – Winner –
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`Zipit Wireless Messenger 2 (April 30, 2008); 2014, Video – Z2 Highlight Reel (The Today
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`Show; USA Today; Associated Press Article; The Washington Post; The Boston Globe; Houston
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`Chronicle; The Philadelphia Inquirer; The Kansas City Star; The Miami Herald; San Francisco
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`Chronicle; Orlando Sentinel; Rocky Mountain News; ABC Television Channel 7; CNN
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`Television; FOX News FOX & Friends; The New York Times; Pittsburgh Post-Gazette; MTV
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`Television; Yahoo! Tech; CNET; eva; The Montel Williams Television Show; NBC Channel 5;
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`LINUX Journal; WNN Wi-Fi News; Digital Tech News’; Wireless Week; electronista; I40
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`News; Best stuff; FOX & Friends (2015); The Montel Williams Show (Dec. 6, 2006; WABC –
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`New York Channel 7 (Dec. 17, 2006); FOX Business (March 19, 2008); The Today Show (Jan.
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`6, 2008); MTV; The Detroit News – “In our opinion - Zipit Z2 perfect for kids” (June 30, 2008);
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`the Akron Beacon, Ohio.com (April 14, 2008); the Arizona Star (April 3, 2008); the
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`BaltimoreSun.com (April 17, 2008); The Record NorthJersey.com “Kids and their parents will
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`love the Z2 messaging device” (April 12, 2008); TheStreet.com “Instant Messaging With Mass
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`Appeal” (Dec. 7, 2007); Digital Life “Digital Life Announces the DigitalLife Innovators Class of
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`2007” (Sept. 24, 2007); E-Gear “Is Anybody Out There” (April 9, 2008); Gizmodo “Zipit Z2
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`Wireless Messenger Lets Teens IM For Free” (Nov. 7, 2007); GoErie.com “ Txt all d tym” “IM
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`friends without tying up computer” (April 11, 2008); CBS4Denver.com “One of the best
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`products for teens, tweens and their parents” (2007); InfoSyncWorld.com “Zipit Z2 Wireless
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`Messenger sends IMs without PC or phone” “it has a dedicated smiley button, which we have
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`never seen before, but now we want on our Treo :-)” (Nov. 7, 2007); InsignifacantThoughts.com
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`(Sept. 28, 2007); KansasCity.com “Better Messages” (Dec. 6, 2007); LinuxDevices.com (Nov. 9,
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`2007); MiamiHerald.com (Oct. 18, 2007); ny1.com (Sept. 27, 2007); NYTimes.com (Oct. 4,
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`2007); PCMag.com.br (Sept. 28, 2007); PC.Watch.Impress.co.JP (Dec. 9, 2007); Yahoo! News
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`(Sept. 27, 2007); Register Hardware UK (Nov. 7, 2007); SlashGear.com (Sept. 27, 2007);
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`StarTelegram.com “High-tech hobbies” (Oct. 14, 2007); the Minneapolis StarTribune.com (Oct.
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`8, 2007); DailyHerald.com (June 23, 2008); The Gazette Canada.com (Oct. 11, 2007);
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`TheStreet.com “Instant Messenger With Mass Appeal” “a must-have for travelers” (Dec. 7
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`2007); TimeforKids.com (Nov. 26, 2007); Twice.com (Sept. 27, 2007); ABCNews.com (Nov. 2,
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`2007); ABCNews: The Ultimate Gift Guide (Nov. 8, 2007); Adweek Magazine “Top 10 Trends
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`of 2007” (Dec. 17, 2007); BlogStuff.com (Nov. 26, 2007); Blog-SciFi.com (Sept. 27, 2007);
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`Brighthand.com (Sept. 30, 2007); CBS Tech Toys Review (Oct. 16, 2007); and The Charlotte
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`Observer Charlotte.com (Oct. 21, 2007).
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`Wi-Fi Instant Messaging Devices With Emoticons Drive Purchasing Decisions
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`20.
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`Prior to the existence of Wi-Fi instant messaging, carriers typically charged up to
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`$0.20 per text, or $20.00 per month for unlimited texting. Thanks to Wi-Fi based instant
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`messaging, however, consumers no longer had to pay for individual instant messages or monthly
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`service plans. As a result, by 2016, it was estimated that consumers saved $54 billion through
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`the use of Wi-Fi instant messaging instead of from SMS-based instant messaging.
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`21.
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`Instant messaging has been and continues to be the single most important
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`smartphone feature. Indeed, many potential customers are unlikely to purchase a smartphone
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`that is not able to generate an instant message comprising an emoji/graphical symbol (, ) that
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`is sent over Wi-Fi.
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`22.
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`Using a handheld device, such as a smartphone, to send instant messages that
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`contain emojis is a major and growing form of communication among an incredibly large
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`demographic. Indeed, this is reflected by Oxford Dictionary’s “word” of the year for 2015,
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`which was the “face with tears of joy” emoji:
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`Oxford Dictionary selected the emoji as its “word” of the year because the emoji was “the ‘word’
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`that best reflected the ethos, mood, and preoccupations of 2015.” It is further reflected by the
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`creation of “World Emoji Day,” which is held annually on July 17.
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`Zipit’s U.S. Patent No. 7,894,837
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`23.
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`On February 22, 2011, the United States Patent and Trademark Office duly and
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`legally issued United States Patent No. 7,894,837, entitled “Instant Messaging Terminal Adapted
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`For Wireless Communication Access Points.” A true and correct copy of U.S. Patent No.
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`7,894,837 is attached as Exhibit “A.” On November 23, 2020 the United States Patent and
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`Trademark Office duly and legally issued Zipit Ex Parte Reexamination Certificate (11758th),
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`which is attached as Exhibit “B.” On February 28, 2022 the United States Patent and Trademark
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`Office duly and legally issued Zipit Ex Parte Reexamination Certificate (12009th), which is
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`attached as Exhibit “C.”
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`24.
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`Zipit is the owner, by assignment, of all right, title, and interest in and to U.S.
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`Patent No. 7,894,837 (hereinafter the “ʼ837 patent”), including the right to sue for past, present,
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`and future patent infringement, and to collect past, present, and future damages.
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`25.
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`The ʼ837 patent complies with the Patent Act, including 35 U.S.C. §101, 35
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`U.S.C. §102, 35 U.S.C. § 103, and 35 U.S.C. §112.
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`26.
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`At least claims 25, 26, 32, 40, 41, 42, 47, 55, 56, 60, 61, 66, 67, 68, 73, 74, 79,
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`and 81 of the ʼ837 patent are valid and enforceable.
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`27.
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`The ʼ837 patent and its claims are entitled to the benefit of the filing date of May
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`14, 2004 and also the date upon which Zipit filed a provisional patent application on December
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`23, 2003.
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`28.
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`As the invention(s) claimed in the ʼ837 patent were conceived no later than April
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`2003, the claims of the ʼ837 patent are further entitled to a priority date of no later than April
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`2003.
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`29.
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`30.
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`§42.120.”
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`IPR2014-01506
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`On March 30, 2015, the PTAB instituted an IPR of the ʼ837 patent.
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`On June 22, 2015, Zipit filed its “Patent Owner’s Response Under 37 C.F.R.
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`31.
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`On March 29, 2016, the PTAB issued a Final Decision that confirmed the
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`patentability of all claims of the ʼ837 patent in IPR2014-01506.
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`32.
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`All papers and pleadings filed with the PTAB for IPR2014-01506 are part of the
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`prosecution history of the ʼ837 patent. Due to their size and volume, the papers and pleadings
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`filed with the PTAB for IPR2014-01506 are incorporated by reference.
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`IPR2019-01568
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`33.
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`On August 30, 2019, Google LLC et al. filed a Petition For Inter Partes Review
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`of the ʼ837 patent, IPR2019-01568.
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`34.
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`On June 2, 2020, Zipit filed a Response to the Petition, requesting the PTAB to
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`deny the Petition.
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`35.
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`All papers and pleadings filed with the PTAB for IPR2019-01568 are part of the
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`prosecution history of the ʼ837 patent. Due to their size and volume, the papers and pleadings
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`filed with the PTAB for IPR2019-01568 are incorporated by reference.
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`IPR2021-01129, IPR2021-01130, And IPR2021-01131
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`36.
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`On June 16, 2021, Microsoft Corporation and Apple Inc. jointly filed three
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`Petitions For Inter Partes Review of the ʼ837 patent, IPR2021-01129, IPR2021-01130, and
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`IPR2021-01131.
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`37. Microsoft Corporation and Apple Inc. did not challenge the patentability of claims
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`25, 26, 32, and 47 of Zipit’s ʼ837 patent, which the USPTO issued to Zipit on November 23,
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`2020 before Microsoft Corporation and Apple Inc. filed their three IPR Petitions.
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`38. Microsoft Corporation and Apple Inc. also did not challenge the patentability of
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`claims 51-80 of Zipit’s ʼ837 patent, which the USPTO issued to Zipit on February 28, 2022 after
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`Microsoft Corporation and Apple Inc. filed their three IPR Petitions.
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`39.
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`40.
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`On March 15, 2022, Zipit filed a Response to each Petition.
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`On December 20, 2022 the PTAB issued a Final Written Decision that expressly
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`confirmed the patentability of claims 40, 41, and 42 of Zipit’s ʼ837 patent.
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`41.
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`All papers and pleadings filed with the PTAB for IPR2021-01129, IPR2021-
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`01130, and IPR2021-01131 are part of the prosecution history of the ʼ837 patent. Due to their
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`size and volume, the papers and pleadings filed with the PTAB for IPR2021-01129, IPR2021-
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`01130, and IPR2021-01131 are incorporated by reference.
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`DEFENDANT’S INFRINGING INSTANT MESSAGING DEVICES
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`42.
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`On information and belief, Defendant has and continues to offer for sale, sell, use,
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`import into the United States and this State, and support smartphones, and related services,
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`which send and receive instant messages comprising an emoji/graphical symbol (, ) using
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`more than one instant messaging service over Wi-Fi.
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`43.
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`On information and belief, Defendant’s infringing smartphones are configured to
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`determine a character sequence corresponding to a graphical symbol in a generated IM message
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`that is compatible with at least one instant messaging service.
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`44.
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`On information and belief, Defendant’s infringing smartphones are configured to
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`parse a message formed with textual characters and graphical symbols generated with a data
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`entry device to confirm compatibility of the textual characters and graphical symbols with an IM
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`messaging protocol associated with a contact.
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`45.
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`On information and belief, Defendant’s infringing smartphones are configured to
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`convert graphical symbols in a parsed message not compatible with an IM messaging protocol
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`associated with a selected contact to a character sequence that is compatible with the IM
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`messaging protocol associated with the selected contact.
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`46.
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`On information and belief, Defendant’s infringing smartphones are configured to
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`provide a message formed with the textual characters and graphical symbols that are confirmed
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`as being compatible with an IM messaging protocol and the character sequence for each
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`converted graphical symbol within an IM message to a wireless transceiver.
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`47.
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`On information and belief, Defendant’s infringing smartphones are configured to
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`communicate with a first recipient through a first instant messaging service and a second
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`recipient through a second instant messaging service.
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`48.
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`On information and belief, Defendant’s infringing smartphones are configured to
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`send messages using a first IM messaging protocol and a second IM messaging protocol.
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`49.
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`On information and belief, Defendant’s infringing smartphones are configured to
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`display IM messages sent to a selected contact in order of transmission of the IM messages.
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`50.
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`On information and belief, Defendant’s infringing smartphones are configured to
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`display IM messages received from a contact in order of receipt of the IM messages.
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`51.
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`On information and belief, Defendant’s infringing smartphones are configured to
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`communicate with a first recipient through a first instant messaging service and a second
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`recipient through a second instant messaging service, where the first instant messaging service is
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`different that the second instant messaging service.
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`52.
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`Defendant’s representative infringing smartphones and related services include
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`each and every smartphone made, used, sold, offered for sale, and/or supported since November
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`23, 2020 through today.
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`53.
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`Defendant’s infringing smartphones and related services are instant messaging
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`terminals that are specifically designed to: (i) use an Android operating system; (ii) run an instant
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`messaging application, such as Messages; (iii) send and receive instant messages; (iv) access
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`Defendant’s Play Store; and (v) download an instant messaging application.
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`54.
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`Defendant’s infringing smartphones and related services are preloaded with one
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`or more instant messaging application that is able to, and does, send an instant message
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`comprising an emoji/graphical symbol (, ) over Wi-Fi. Defendant provides its customers and
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`potential customers with instructions on how to use its instant messaging devices in the United
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`States and in this State.
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`55.
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`Some of Defendant’s smartphones that are Wi-Fi capable are not preloaded with
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`an instant messaging application. Instead of preloading an instant messaging application on the
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`smartphone, Defendant instructs its customers to download an instant messaging application
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`from an application store, such as for example Defendant’s Play Store. Defendant provides its
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`customers and potential customers with instructions on how to use these instant messaging
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`devices in the United States.
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`56.
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`On information and belief, Defendant’s infringing instant messaging devices are
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`smartphones that have been and continue to be offered for sale, sold, used, and imported into the
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`United States and this State preloaded with an instant messaging application, such as for
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`example, Messages. The Messages application allows Defendant’s smartphones to send instant
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`messages comprising an emoji/graphical symbol (, ) over Wi-Fi.
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`57.
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`On information and belief, Defendant knowingly and intentionally encourages
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`end users to download third party instant messaging applications onto one or more of
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`Defendant’s smartphones so that an end user is able to use one or more of Defendant’s
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`smartphones to send instant messages comprising an emoji/graphical symbol (, ) over Wi-Fi.
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`On information and belief, some of these third-party instant messaging applications also may be
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`preloaded onto Defendant’s smartphones. These instant messaging apps allow Defendant’s
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`smartphones to send instant messages comprising an emoji/graphical symbol over Wi-Fi.
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`58.
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`On information and belief, Defendant has and continues to steal Zipit’s patented
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`technology to illegally make money in the United States and in this State. On information and
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`belief, Defendant illegally makes money by, for example, (i) selling smartphones that could not
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`otherwise be sold if they were unable to send an instant message containing an emoji/graphical
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`symbol (,) over a Wi-Fi connection; (ii) selling instant messaging applications that allow a
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`smartphone to send an instant message containing an emoji/graphical symbol (,) over a Wi-
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`Fi connection; (iii) selling advertisements that are displayed during an end user’s use of an
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`instant messaging application that is able to send an instant message containing an
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`emoji/graphical symbol (,) over a Wi-Fi connection; (iv) selling features in an instant
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`messaging application that allows a smartphone to send an instant message containing an
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`emoji/graphical symbol (,) over a Wi-Fi connection; and (v) selling information about end
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`users who use an instant messaging application to send an instant message containing an
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`emoji/graphical symbol (,) over a Wi-Fi connection.
`
`Zipit’s ’837 Patent Is Not Abstract
`
`59.
`
`The claims of the ʼ837 patent are focused on an advance over the prior art such
`
`that their character as a whole is not directed to excluded subject matter, such as an abstract idea,
`
`or any other subject matter excluded under 35 U.S.C. §101.
`
`60.
`
`In fact, the PTAB determined that the combinations claimed in the claims of the
`
`ʼ837 patent were novel and nonobvious, as did the Patent Office during its initial review of the
`
`claims.
`
`61.
`
`The advancement claimed in the claims of the ʼ837 patent includes, inter alia, an
`
`instant messaging terminal and method that includes a housing, a display mounted in the
`
`housing, a data entry device that affords the generation of textual characters and graphical
`
`symbols, a wireless Internet protocol communications module, a wireless transceiver, and a
`
`control module that includes a processor for executing an application program to implement
`
`instant messaging and session protocols for a conversation. Such a claimed combination does
`
`not exist in the prior art. Such a combination was not well-understood, routine, or conventional.
`
`And such a combination constitutes a tangible, specific, concrete invention. The claimed
`
`combination also improved the operation of computer functionality, overcoming various failures
`
`with existing computing devices as discussed in the Background of the Invention and the
`
`Summary of the Invention.
`
`
`
`15
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`

`

`Case 1:23-cv-01183-UNA Document 1 Filed 10/19/23 Page 16 of 28 PageID #: 16
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`62.
`
`For example, providing the claimed combination in a handheld terminal (as
`
`opposed to a desktop, laptop, or PDA requiring external peripheral data entry and/or display
`
`devices) represented a significant advance in computer functionality, including generation of
`
`both textual characters and graphical symbols using a data entry device integrated into the
`
`handheld terminal. This avoided the need for a platform to support the data entry device during
`
`data entry. Furthermore, the claimed data entry device for generating textual characters and
`
`graphical symbols improved the efficiency of computing devices by allowing graphical symbols
`
`to be directly entered by a user, avoiding the need for the computing device to translate a
`
`sequence of textual characters into a graphical symbol prior to displaying and sending the
`
`graphical symbol.
`
`63.
`
`The advancement claimed in the claims of the ʼ837 patent further includes, inter
`
`alia, an instant messaging terminal and method that includes a housing, a display mounted in the
`
`housing, a data entry device that affords the generation of textual characters and graphical
`
`symbols, a wireless Internet protocol communications module, a wireless transceiver, and a
`
`control module that includes a processor for executing an application program to implement at
`
`least one instant messaging protocol for generation of instant messaging data messages that are
`
`compatible with an instant messaging service. Such a claimed combination does not exist in the
`
`prior art. Such a combination was not well-understood, routine, or conventional. And such a
`
`combination constitutes a tangible, specific, concrete invention. The claimed combination also
`
`improved the operation of computer functionality, overcoming various failures with existing
`
`computing devices as discussed in the Background of the Invention and the Summary of the
`
`Invention.
`
`
`
`16
`
`

`

`Case 1:23-cv-01183-UNA Document 1 Filed 10/19/23 Page 17 of 28 PageID #: 17
`
`64.
`
`For example, providing the claimed combination in a handheld terminal (as
`
`opposed to a desktop, laptop, or PDA requiring external peripheral data entry and/or display
`
`devices) represented a significant advance in computer functionality, including generation of
`
`both textual characters and graphical symbols using a data entry device integrated into the
`
`handheld terminal. This avoided the need for a platform to support the data entry device during
`
`data entry. Furthermore, the claimed data entry device for generating textual characters and
`
`graphical symbols improved the efficiency of computing devices by allowing graphical symbols
`
`to be directly entered by a user, avoiding the need for the computing device to translate a
`
`sequence of textual characters into a graphical symbol prior to displaying and sending the
`
`graphical symbol.
`
`65.
`
`The advancement claimed in the claims of the ʼ837 patent further includes, inter
`
`alia, an instant messaging terminal and method that includes a plurality of keys for graphical
`
`symbols, each graphical symbol key including indicia identifying the graphical symbol generated
`
`by depressing the key bearing the indicia. Such a claimed combination does not exist in the prior
`
`art. Such a combination was not well-understood, routine, or conventional. And such a
`
`combination constitutes a tangible, specific, concrete invention. This claimed feature also relates
`
`to the improvement in the efficiency of computing devices discussed above allowing graphical
`
`symbols to be directly entered by a user, avoiding the need for the computing device to translate
`
`a sequence of textual characters into a graphical symbol prior to displaying and sending the
`
`graphical symbol.
`
`66.
`
`The advancement claimed in the claims of the ʼ837 patent further includes, inter
`
`alia, an instant messaging terminal and method that includes at least one programmable key
`
`associated with a set of characters corresponding to a graphical symbol supported by an instant
`
`
`
`17
`
`

`

`Case 1:23-cv-01183-UNA Document 1 Filed 10/19/23 Page 18 of 28 PageID #: 18
`
`messaging service provider. Such a claimed combination does not exist in the prior art. Such a
`
`combination was not well-understood, routine, or conventional. And such a combination
`
`constitutes a tangible, specific, concrete invention. This claimed feature also relates to the
`
`improvement in the efficiency of computing devices discussed above allowing graphical symbols
`
`to be directly entered by a user, avoiding the need for the computing device to translate a
`
`sequence of textual characters into a graphical symbol prior to displaying and sending the
`
`graphical symbol.
`
`67.
`
`The advancement claimed in the claims of the ʼ837 patent further includes, inter
`
`alia, an instant messaging terminal and method that includes a control module to generate, in
`
`accordance with the at least one instant messaging protocol being implemented, a character
`
`sequence corresponding to a graphical symbol in response to the depression of the programmable
`
`key being depressed. Such a claimed combination does not exist in the prior art. Such a
`
`combination was not well-understood, routine, or conventional. And such a combination
`
`constitutes a tangible, specific, concrete invention. This claimed feature also relates to the
`
`improvement in the efficiency of computing devices discussed above allowing graphical symbols
`
`to be directly entered by a user, avoiding the need for the computing device to translate a
`
`sequence of textual characters into a graphical symbol prior to displaying and sending the
`
`graphical symbol.
`
`68.
`
`The advancement claimed in the claims of the ʼ837 patent further includes, inter
`
`alia, an instant messaging terminal and method that includes a control module that detects
`
`beacons received by the wireless transceiver from a plurality of wireless network access points
`
`and prioritizes the detected beacons by strength of detected signal. Such a claimed combination
`
`does not exist in the prior art. Such a combination was not well-understood, routine, or
`
`
`
`18
`
`

`

`Case 1:23-cv-01183-UNA Document 1 Filed 10/19/23 Page 19 of 28 PageID #: 19
`
`conventional. And such a combination constitutes a tangible, specific, concrete invention. This
`
`claimed capability improved the operation of a computing device because it, for example,
`
`facilitates connection to the strongest wireless network access point, thereby optimizing speed
`
`and reliability of instant messaging.
`
`69.
`
`The advancement claimed in the claims of the ʼ837 patent further includes, inter
`
`alia, an instant messaging terminal and method that includes a control module that stores a
`
`profile containing network settings for a network communicating with the communications
`
`module and the wireless transceiver through an access point in memory. Such a claimed
`
`combination does not exist in the prior art. Such a combination was not well-understood,
`
`routine, or conventional. And such a combination constitutes a tangible, specif