Case: 1:21-cv-00482 Document #: 1 Filed: 01/27/21 Page 1 of 20 PageID #:1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`BUNKER IP LLC,
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`
`
`
`Plaintiff,
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`v.
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`
`
`DISH WIRELESS LLC,
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`
`
`
`Defendant.
`
`
`
`
` C.A. No. 1:21-cv-482
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`JURY TRIAL DEMANDED
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`
`
` PATENT CASE
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Bunker IP LLC files this Original Complaint for Patent Infringement against Dish
`
`
`
`
`
`
`
`
`
`
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`Wireless LLC, and would respectfully show the Court as follows:
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`
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`I. THE PARTIES
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`1.
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`Plaintiff Bunker IP LLC (“Bunker IP” or “Plaintiff”) is a Texas limited liability
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`company having an address at 7548 Preston Rd, Suite 141 PMB 1055, Frisco, TX 75034.
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`2.
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`On information and belief, Defendant Dish Wireless LLC (“Defendant”) is a
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`limited liability company organized and existing under the laws of Colorado, with a place of
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`business at 3224 North Kimball, Chicago, IL 60618.
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`II. JURISDICTION AND VENUE
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`3.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code. This Court has subject matter jurisdiction of such action under 28 U.S.C. §§ 1331
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`and 1338(a).
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`4.
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`On information and belief, Defendant is subject to this Court’s specific and general
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`personal jurisdiction, pursuant to due process and the Illinois Long-Arm Statute, due at least to its
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`business in this forum, including at least a portion of the infringements alleged herein.
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`1
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`Furthermore, Defendant is subject to this Court’s specific and general personal jurisdiction because
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`Defendant has a place of business in Illinois and this District.
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`5.
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`On information and belief, Defendant has derived revenues from its infringing acts
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`occurring within Illinois. Further, on information and belief, Defendant is subject to the Court’s
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`general jurisdiction, including from regularly doing or soliciting business, engaging in other
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`persistent courses of conduct, and deriving substantial revenue from goods and services provided
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`to persons or entities in Illinois. Further, on information and belief, Defendant is subject to the
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`Court’s personal jurisdiction at least due to its sale of products and/or services within Illinois.
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`Defendant has committed such purposeful acts and/or transactions in Illinois such that it
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`reasonably should know and expect that it could be haled into this Court as a consequence of such
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`activity.
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`6.
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`Venue is proper in this district under 28 U.S.C. § 1400(b). On information and
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`belief, Defendant has a place of business in Illinois and this District. On information and belief,
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`from and within this District Defendant has committed at least a portion of the infringements at
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`issue in this case.
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`7.
`
` For these reasons, personal jurisdiction exists and venue is proper in this Court
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`under 28 U.S.C. § 1400(b).
`
`III. COUNT I
`(PATENT INFRINGEMENT OF UNITED STATES PATENT NO. 7,181,237)
`
`8.
`
`9.
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`On February 20, 2007, United States Patent No. 7,181,237 (“the ‘237 Patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office. The ‘237 Patent is titled
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`“Control of a Multi-Mode, Multi-Band Mobile Telephone via a Single Hardware and Software
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`2
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`Man Machine Interface.” A true and correct copy of the ‘237 Patent is attached hereto as Exhibit
`
`A and incorporated herein by reference.
`
`10.
`
`Bunker IP is the assignee of all right, title and interest in the ‘237 patent, including
`
`all rights to enforce and prosecute actions for infringement and to collect damages for all relevant
`
`times against infringers of the ‘237 Patent. Accordingly, Bunker IP possesses the exclusive right
`
`and standing to prosecute the present action for infringement of the ‘237 Patent by Defendant.
`
`11.
`
`The claims of the ‘237 patent (the “Claims”) relate generally to, inter alia,
`
`multimode, multi-band mobile telephone systems, including those controlled via a single hardware
`
`and software man machine interface (“MMI”). (Ex. A at col. 1:8-11).
`
`12.
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`Different scopes of interface functionality typically induce different behavior, and
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`often require the use of different software in the MMI. (Id. at col. 1:26-28). Where such specific
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`software is used for different standards or modes, specific hardware (e.g., specific hard keys,
`
`displays, and the like) may be required. (Id. at col. 1:28-31). Alternately, there may be redundant
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`MMI software, increasing the need for added general hardware (e.g., memory, processors, and the
`
`like) and increasing complexity to the user. (Id. at col. 1:31-34). Moreover, such MMIs can occupy
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`a substantial portion of the telephone's memory compared with other of the telephone's software
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`modules. (Id. at col. 1:34-39). Thus, in order to provide a multiple mode mobile telephone capable
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`using multiple standards, a substantial portion of the telephone's memory had to be dedicated to
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`storage of software providing multiple MMIs. (Id. at col. 1:40-43).
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`13.
`
`The claims of the ‘237 patent provide novel and inventive systems, hardware,
`
`software and architectures comprising the above-noted mode manager comprising a router for
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`routing information first and second protocol stacks supporting first and second modes utilizing
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`first and second air interface standards, chipsets providing concurrent support, a user interface for
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`3
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`communicating information and commands between protocol stacks and a user, and a bridge for
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`providing communication of information between the first protocol stack and the second protocol
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`stack, wherein control of the mobile telephone is provided via a single MMI that is substantially
`
`consistent across the first and second modes, with such systems, hardware, software and
`
`architectures comprising systems for controlling multi-mode mobile telephones via a single
`
`hardware and software MMI.
`
`14.
`
`The claimed systems comprise a novel and inventive mode manager, which
`
`comprises a router and routing architecture for routing information to one of the first protocol stack
`
`and the second protocol stack. The mode manager is capable of, inter alia, providing for
`
`multimode (e.g., dual mode) operation, including with capability between modes based on user-
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`selection and/or automatic selection. For example, the user interface of the mobile telephone may
`
`provide a menu screen having options that allow a user to select the technology or network mode
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`used by the telephone. (Id. at col. 8:63 – col. 9:6; Fig. 5). Users may advantageously select the
`
`mode or allow the system to automatically select a mode based on predetermined criteria and/or
`
`network status. (Id.).
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`15.
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`The claimed systems further comprise a novel and inventive bridge architecture for
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`providing communication of information between the first protocol stack and the second protocol
`
`stack. (E.g., id. at col. 6:10-29). Without limitation, the bridge enables routing of information and
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`messages between protocol stacks via serial connection when the protocol stacks are running on
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`different chipsets. (E.g., id. at col. 7:21-27).
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`16.
`
`The novel and inventive architecture also facilitates reading and writing of data to
`
`respective cores and sending messages with associated structures between various layers (e.g., the
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`4
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`user interface to application layers). (Id. at col. 6:39-56). Further, application layers may convert
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`between different protocol formats. (Id. at col. 7:17-56).
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`17.
`
`The claimed systems further comprise a novel and inventive MMI which
`
`communicates information and commands between the protocol stacks and a user. (Id. at col. 1:63-
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`65). An application layer can reduce the functional interface between the protocol stacks to layers
`
`of the protocol stacks subsequent to the user interface, which, inter alia, allows control of the
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`mobile telephone to be provided via a single MMI that is substantially consistent across all modes.
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`(Id. at col. 1:65 – col. 2:3). Including in this manner, differences in technologies employed by the
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`different air interface standards are made substantially transparent to mobile telephone users. (Id.
`
`at col. 5:6-9). Further, by providing for functionality of the different air interface standards at
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`other levels of the respective protocol stacks, applications (e.g., organizers, email clients, network
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`browsers, and the like) may be more easily added to, removed from, or modified within the user
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`interface without modification of the different protocol stacks so that the applications may support
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`each air interface standard without special modification. (Id. at col. 5:9-17). This greatly reduces
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`the complexity of the MMI, making the mobile telephone easier to use than would be a telephone
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`employing different MMIs for each mode, or a telephone employing an MMI that is modified with
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`redundant software for supporting both air interface standards. (Id. at col. 5:17-22).
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`18.
`
`The claimed inventions, including as a whole, are inventive and have multiple
`
`unconventional aspects. Conventional systems, which were known at the time of the invention,
`
`are represented by the primary references cited during prosecution of the ‘237 patent, which were
`
`U.S. Patent No. 6,785,556 to Souissi, U.S. Patent No. 6,934,558 to Sainton, and U.S. Patent No.
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`6,035,212 to Rostocker.
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`5
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`19.
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`Neither Souissi, Sainton or Rostocker had the inventive features, alone or in
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`combination, of (1) a mode manager comprising a router for routing information to one of a first
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`protocol stack or second protocol stack; (2) a bridge for providing communication of information
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`between the first protocol stack and the second protocol stack; (3) a mode manager for managing
`
`switching of the system between a first mode utilizing a first air interface standard supported by a
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`first protocol stack and a second mode utilizing a second air interface standard supported by a
`
`second protocol stack wherein the first protocol stack and the second protocol stack are supported
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`concurrently by at least one chipset of the mobile telephone; and/or (4) a user interface for
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`communicating information and commands between the first and second protocol stacks and a
`
`user for controlling the mobile telephone and an application layer for reducing functional interface
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`between the first and second protocol stacks to layers of the first and second protocol stacks
`
`subsequent to the user interface, wherein control of the mobile telephone is provided via a single
`
`man machine interface that is substantially consistent across the first and second modes.
`
`20.
`
`All of the aforementioned inventive features, alone and in combination, contrast
`
`with the conventional features of existing art, including those of the primary Souissi, Sainton and
`
`Rostocker references, and thus they evidence the unconventionality of the claimed elements, alone
`
`and in combination. All of the aforementioned inventive features, alone and in combination,
`
`constitute unconventional, inventive concepts that go well beyond any concepts present in
`
`conventional or prior art.
`
`21.
`
`Direct Infringement. Upon information and belief, Defendant has been directly
`
`infringing at least claims 1, 3, 7, and 9 of the ‘237 patent in Illinois, and elsewhere in the United
`
`States, by performing actions comprising at least making, using, selling, and/or offering to sell the
`
`Coolpad Legacy SR and
`
`the Wiko Ride 2
`
`(“Accused
`
`Instrumentality”)
`
`(e.g.,
`
`
`
`6
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`

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`https://www.boostmobile.com/phones/coolpad-legacy-sr.html;
`
`https://coolpad.us/legacy-sr/;
`
`https://www.boostmobile.com/phones/wiko-ride-2.html).
`
`22.
`
`The Accused Instrumentality is a mobile telephone system comprising a mode
`
`manager for managing switching of the system between a first mode utilizing a first air interface
`
`standard supported by a first protocol stack and a second mode utilizing a second air interface
`
`standard supported by a second protocol stack, the first protocol stack and the second protocol
`
`stack being supported concurrently by at least one chipset of the mobile telephone, the mode
`
`manager including a router for routing information to one of the first protocol stack and the second
`
`protocol stack. For example, on information and belief, the Accused Instrumentality comprises a
`
`mode manager (e.g., the operating system of the Accused Instrumentality) for managing switching
`
`of the system (e.g., the switching between cellular and Wi-Fi calling or when tethering) between
`
`a first mode (e.g., when the device sends/receives data via cellular) utilizing a first air interface
`
`standard (e.g., LTE interface) supported by a first protocol stack (e.g., LTE protocol stack) and a
`
`second mode (e.g., when the device sends/receives data via Wi-Fi, including from a tethered
`
`device) utilizing a second air interface standard (e.g., IEEE 802.11 a/b/g/n interface) supported by
`
`a second protocol stack (e.g., IEEE 802.11 protocol stack), the first protocol stack (e.g., LTE
`
`protocol stack) and the second protocol stack (e.g., IEEE 802.11 protocol stack) being supported
`
`concurrently by at least one chipset of the mobile telephone (e.g., processor of the Accused
`
`Instrumentality), the mode manager including a router for routing information (e.g., call
`
`information, contact information, etc.) to one of the first protocol stack and the second protocol
`
`stack. The Accused Instrumentality supports both LTE and Wi-Fi connectivity. It can switch
`
`between cellular (i.e., a first mode) and Wi-Fi (i.e., a second mode) calling modes and/or when
`
`another device is tethered to the Accused Instrumentality. The Accused Instrumentality has an
`
`
`
`7
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`operating system (e.g., mode manager) to manage switching between cellular and Wi-Fi modes.
`
`By utilizing hardware, software, or both, the Accused Instrumentality’s operating system routes
`
`communication information to one of the cellular network mode or Wi-Fi network mode. The
`
`Accused Instrumentality supports Wi-Fi calling and or Portable Hotspot functionality that would
`
`also utilize a mode manager (e.g., operating system) for managing the switching between a first
`
`mode (e.g., sending and receiving data via a cellular connection) and a second mode (e.g., sending
`
`and receiving information via a Wi-Fi connection or through Wi-Fi calling).
`
`23.
`
`The Accused Instrumentality further comprises a user interface for communicating
`
`information and commands between the first protocol stack and a user and between the second
`
`protocol stack and the user for controlling the mobile telephone. On information and belief, the
`
`Accused Instrumentality comprises a user interface (e.g., touchscreen of the Accused
`
`Instrumentality) for communicating information and commands (e.g., Network information,
`
`network selection, calls, messaging, etc.) between the first protocol stack (e.g., LTE protocol stack)
`
`and a user and between the second protocol stack (e.g., IEEE 802.11 protocol stack) and the user
`
`for controlling the mobile telephone (e.g., enabling and/or disabling the air interfaces, general
`
`mobile function controlling, calling, sending messages, etc.).
`
`24.
`
`The Accused Instrumentality further comprises a bridge for providing
`
`communication of information between the first protocol stack and the second protocol stack. For
`
`example, on information and belief, the Accused Instrumentality comprises a bridge for providing
`
`communication of information between the first protocol stack (e.g., LTE protocol stack) and the
`
`second protocol stack (e.g., IEEE 802.11 protocol stack). The bridge will enable communication
`
`between both protocol stacks (e.g., Wi-Fi & LTE) to enable switching between Cellular and Wi-
`
`Fi calling modes. While utilizing hotspot tethering to enable communication between Wi-Fi and
`
`
`
`8
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`

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`LTE, the Accused Instrumentality must also utilize a bridge which provides communication of
`
`information from LTE protocol to Wi-Fi protocol stack. The bridge will enable communication
`
`between both protocol stacks (e.g., Wi-Fi & LTE) so that data sent/received by cellular can be
`
`passed to tethered devices connected via Wi-Fi. For example, the Accused Instrumentality is
`
`powered by a Mediatek processor in which it is standard to have a bridge (e.g., a AXI Interconnect)
`
`that connects a CPU that controls Wi-Fi communications and a CPU that controls Cellular
`
`communications, both present on the System on Chip (“SoC”).
`
`25.
`
`The Accused Instrumentality further comprises a system wherein control of the
`
`mobile telephone is provided via a single man machine interface that is substantially consistent
`
`across the first and second modes. For example, on information and belief, the Accused
`
`Instrumentality functions such that control of the mobile telephone (e.g., the Accused
`
`Instrumentality) is provided via a single man machine interface (e.g., touchscreen display of the
`
`Accused Instrumentality) that is substantially consistent across the first (e.g., cellular call mode)
`
`and second modes (e.g., Wi-Fi calling mode or call/data mode). When tethering, the Accused
`
`Instrumentality’s interface will remain the same whether it is currently sending/receiving data via
`
`cellular or Wi-Fi. Likewise, the interface will stay the same whether a call is being made via
`
`cellular or Wi-Fi. Whether a phone is currently using a cellular connection, or a Wi-Fi based
`
`connection, the OS and GUI will remain the same.
`
`26.
`
`The Accused Instrumentality further comprises a common database for storage of
`
`user data utilized by the first and second protocol stacks, the user data including at least one of an
`
`address book entry, a phonebook entry, a short message, an email, a ringing tone, and a picture.
`
`For example, on information and belief, the Accused Instrumentality comprises a common
`
`database for contact information for use by the first and second protocol stacks.
`
`
`
`9
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`

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`27.
`
`The Accused Instrumentality comprises a mobile telephone system comprising a
`
`first protocol stack for supporting a first air interface standard providing a first functionality, the
`
`first protocol stack being supported by a first chipset of the mobile telephone. For example, on
`
`information and belief, the Accused Instrumentality comprises a first protocol stack (e.g., LTE
`
`protocol stack) for supporting a first air interface (e.g., LTE interface) standard providing a first
`
`functionality (e.g., sending/receiving data via cellular in a tethering scheme, or calling through
`
`cellular interface), the first protocol stack (e.g., LTE protocol stack) being supported by a first
`
`chipset (e.g., the processor of the Accused Instrumentality) of the mobile telephone.
`
`28.
`
`The Accused Instrumentality further comprises a second protocol stack for
`
`supporting a second air interface standard providing a second functionality, to second protocol
`
`stack being supported concurrently with the first protocol stack by one of the first chipset and a
`
`second chipset of the mobile telephone. For example, on information and belief, the Accused
`
`Instrumentality comprises a second protocol stack (e.g., Wi-Fi protocol stack) for supporting a
`
`second air interface (e.g., Wi-Fi interface) standard providing a second functionality
`
`(sending/receiving data to and from a tethered device via Wi-Fi, or calling through Wi-Fi
`
`interface), to second protocol stack (e.g., Wi-Fi protocol stack) being supported concurrently with
`
`the first protocol stack by the first chipset (e.g., the processor of the Accused Instrumentality) of
`
`the mobile telephone.
`
`29.
`
`The Accused Instrumentality further comprises a mode manager for managing
`
`switching of the system between a first mode utilizing the first air interface standard and a second
`
`mode utilizing the second air interface standard, the mode manager including a router for routing
`
`information to one of the first protocol stack and the second protocol stack. For example, on
`
`information and belief, the Accused Instrumentality comprises a mode manager (e.g., the operating
`
`
`
`10
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`

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`system of the Accused Instrumentality) for managing switching of the system (e.g. switching
`
`between Wi-Fi and LTE during tethering/hotspot functionality or Wi-Fi calling) between a first
`
`mode (e.g., cellular call mode) utilizing a first air interface standard (e.g., LTE interface) supported
`
`by a first protocol stack (e.g., LTE protocol stack) and a second mode (e.g., Wi-Fi calling mode)
`
`utilizing a second air interface standard (e.g., IEEE 802.11 a/b/g/n interface) supported by a second
`
`protocol stack (e.g., IEEE 802.11 protocol stack), the first protocol stack (e.g., LTE protocol stack)
`
`and the second protocol stack (e.g., IEEE 802.11 protocol stack) being supported concurrently by
`
`at least one chipset of the mobile telephone (e.g., processor of the Accused Instrumentality), the
`
`mode manager including a router for routing information (e.g., data, call information, contact
`
`information, etc.) to one of the first protocol stack and the second protocol stack. The Accused
`
`Instrumentality supports both LTE and Wi-Fi connectivity. It can be switched between cellular
`
`(i.e., a first mode) and Wi-Fi (i.e., a second mode) call/data mode and or when another device is
`
`tethered to the Accused Instrumentality. The Accused Instrumentality has an operating system
`
`(e.g., mode manager) to manage switching between cellular and wireless data network modes. By
`
`utilizing hardware, software, or both, the Accused Instrumentality’s operating system routes
`
`communication information to one of the cellular data network mode or wireless data network
`
`mode.
`
`30.
`
`The Accused Instrumentality further comprises a user interface for communicating
`
`information and commands between the first protocol stack and a user and between the second
`
`protocol stack and the user for controlling the mobile telephone. For example, on information and
`
`belief, the Accused Instrumentality comprises a user interface (e.g., touchscreen of the Accused
`
`Instrumentality) for communicating information and commands (e.g., network information,
`
`network selection, calls, messages, etc.) between the first protocol stack (e.g., LTE protocol stack)
`
`
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`11
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`and a user and between the second protocol stack (e.g., IEEE 802.11 protocol stack) and the user
`
`for controlling the mobile telephone (e.g., enabling and/or disabling the interfaces, calls, messages,
`
`etc.).
`
`31.
`
`The Accused Instrumentality further comprises a bridge for providing
`
`communication of information between the first protocol stack and the second protocol stack. For
`
`example, on information and belief, the Accused Instrumentality comprises a bridge (e.g., AXI
`
`Interconnect) for providing communication of information between the first protocol stack (e.g.,
`
`LTE protocol stack) and the second protocol stack (e.g., IEEE 802.11 protocol stack). The
`
`Accused Instrumentality must utilize a bridge which provides a communication interlink between
`
`the LTE protocol and the Wi-Fi protocol stack. The bridge will enable communication between
`
`both protocol stacks (e.g., Wi-Fi & LTE) to enable switching between cellular and Wi-Fi calling
`
`modes. While utilizing hotspot tethering to enable communication between Wi-Fi and LTE, the
`
`Accused Instrumentality must also utilize a bridge which provides communication of information
`
`from LTE protocol to Wi-Fi protocol stack. The bridge will enable communication between both
`
`protocol stacks (e.g., Wi-Fi & LTE) so that data sent/received by cellular can be passed to tethered
`
`devices connected via Wi-Fi. For example, the Accused Instrumentality is powered by a Mediatek
`
`processor in which it is standard to have a bridge (e.g., a AXI Interconnect) that connects a CPU
`
`that controls Wi-Fi communications and a CPU that controls cellular communications, both
`
`present on the SoC.
`
`32.
`
`The Accused Instrumentality further comprises a system wherein control of the first
`
`and second functionalities is provided via a single man machine interface that is substantially
`
`consistent across the first and second modes. For example, on information and belief, the Accused
`
`Instrumentality comprises a system wherein control of the mobile telephone (e.g., the Accused
`
`
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`12
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`Instrumentality) is provided via a single man machine interface (e.g., touchscreen display of the
`
`Accused Instrumentality) that is substantially consistent across the first (e.g., cellular call/data
`
`mode) and second modes (e.g., Wi-Fi call/data mode). When tethering the Accused
`
`Instrumentality’s interface will remain the same whether it is currently sending/receiving data via
`
`cellular or Wi-Fi. Likewise, the Accused Instrumentality’s interface will stay the same whether a
`
`call is being made via cellular or Wi-Fi.
`
`33.
`
`The Accused Instrumentality further comprises a database for storage of data by
`
`the first and second protocol stacks. For example, on information and belief, the Accused
`
`Instrumentality comprises a common database (e.g., internal memory’s database) for storage of
`
`data utilized by the first and second protocol stacks, including but not limited to contact
`
`information.
`
`IV. COUNT II
`(PATENT INFRINGEMENT OF UNITED STATES PATENT NO. 8,843,641)
`
`34.
`
`35.
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`On September 23, 2014, United States Patent No. 8,843,641 (“the ‘641 Patent”)
`
`was duly and legally issued by the United States Patent and Trademark Office. The ‘641 Patent is
`
`titled “Plug-In Connector System for Protected Establishment of a Network Connection.” A true
`
`and correct copy of the ‘641 Patent is attached hereto as Exhibit B and incorporated herein by
`
`reference.
`
`36.
`
`Bunker IP is the assignee of all right, title and interest in the ‘641 patent, including
`
`all rights to enforce and prosecute actions for infringement and to collect damages for all relevant
`
`times against infringers of the ‘641 Patent. Accordingly, Bunker IP possesses the exclusive right
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`and standing to prosecute the present action for infringement of the ‘641 Patent by Defendant.
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`Case: 1:21-cv-00482 Document #: 1 Filed: 01/27/21 Page 14 of 20 PageID #:14
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`37.
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`The invention in the ‘641 patent relates to a plug-in connector system, and a
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`network plug and a network socket for protected establishment of a network connection, which is
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`especially suitable for granting previously defined maintenance companies or maintenance
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`technicians access to a system that is to be maintained. (Ex. B at col. 1:8-13).
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`38.
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`Technical devices require maintenance which should only be undertaken by
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`authorized personnel. (Id. at col. 1:16-19). This requires ensuring that only the appropriately
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`authorized personnel access the maintenance functionality of a machine or system. (Id. at col.
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`1:19-21). Furthermore, mobile maintenance devices, such as laptop computers or mobile phones,
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`are normally used, which obtain maintenance access by a locally accessible interface to a specific
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`electronic device, such as another computer. (Id. at col. 1:28-33). The connection to the locally
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`accessible interface is made by wire or wirelessly. (Id. at col. 1:33-34).
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`39.
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`To grant access rights, an authentication check is usually performed in which a
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`claimed identity is verified and thus the authorization for accessing the respective maintenance
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`interface is checked. (Id. at col. 1:38-41). If the authentication check is successful, the access
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`rights previously allocated to the respective user are granted. (Id. at col. 1:41-43).
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`40. Most known authentication methods are based on the entity to be authorized having
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`to prove, in relation to a checking entity, that it is in possession of a secret and/or of an object. (Id.
`
`at col. 1:44-46). The best-known authentication method is the transmission of a password in which
`
`the authenticating entity transmits a secret password directly to a checking entity. (Id. at col. 1:47-
`
`49). The checking entity or the authentication checking unit respectively then check the
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`correctness of the transmitted password. (Id. at col. 1:49-51). For administration of maintenance
`
`accesses in large systems, however, such a method involves a significant administrative overhead.
`
`(Id. at col. 1:52-54).
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`Case: 1:21-cv-00482 Document #: 1 Filed: 01/27/21 Page 15 of 20 PageID #:15
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`41.
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`A further known option for secure administration of maintenance accesses is to
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`provide the respective network sockets for maintenance access in an area to which access is
`
`physically protected. (Id. at col. 1:60-63). Such a method is, however, associated with
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`uncertainties because a physical access protection can be overcome with little effort in most cases.
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`(Id. at col. 1:65-67). In addition, this type of solution also demands significant administrative
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`outlay, for example, for distributing and collecting the mechanical keys. (Id. at col. 1:67 – col.
`
`2:2).
`
`42.
`
`The inventors therefore created a system for administering and implementing
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`access rights to maintenance functionalities that is operable securely and with little effort. (Id. at
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`col. 2:6-9). The objects and advantages of the invention are achieved in accordance with the
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`invention by a plug-in connector system, a network plug and a network socket, wherein the
`
`inventive plug-in connector system for protected establishment of a network connection comprises
`
`a network plug featuring an authentication unit and a network socket featuring an authentication
`
`checking unit and an enabling unit. (Id. at col. 2:10-16). Generally, a checking command is
`
`transferred by the authentication checking unit to the authentication unit. (Id. at col. 2:19-20).
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`Based the checking command, a checking response is determined by the authentication unit and
`
`transferred to the authentication checking unit. (Id. at col. 2:20-23). The checking response is
`
`checked by the authentication checking unit. (Id. at col. 2:23-24). In the event of a successful
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`check of the checking response, a physical connection is enabled between the network plug and
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`network socket for protected establishment of the network connection by the enabling device. (Id.
`
`at col. 2:24-27).
`
`43.
`
`Direct Infringement. Upon information and belief, Defendant has been directly
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`infringing at least claim 7 of the ‘641 patent in Illinois, and elsewhere in the United States, by
`
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`Case: 1:21-cv-00482 Document #: 1 Filed: 01/27/21 Page 16 of 20 PageID #:16
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`making, using, selling and/or offering to sell the Coolpad Legacy SR (“Accused Instrumentality”)
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`(E.g., https://www.boostmobile.com/phones/coolpad-legacy-sr.html).
`
`44.
`
`The Accused Instrumentality has a network socket having an authentication
`
`checking unit and an enabling unit. For example, on information and belief, the Accused
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`Instrumentality has a USB Type-C connection system, which is an authentication checking unit
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`(e.g., an Authentication Initiator in a USB Type-C authentication sequence), and an enabling unit
`
`that enables protected establishment of a network communication (e.g., an Internet connection
`
`through USB tethering) subsequent to successful authorization of the computing device (e.g., a
`
`Computer, Laptop, etc.). E.g., https://www.boostmobile.com/phones/coolpad-legacy-sr.html;
`
`https://www.usb.org/sites/default/files/documents/usb_authentication_20180904.zip (e.g., Fig.
`
`B.1)).
`
`45.
`
`The Accused In