throbber
Case: 1:21-cv-00483 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,
`
`
`
` C.A. No. 21-cv-483
`
`JURY TRIAL DEMANDED
`
`
`
` PATENT CASE
`
`
`
`Plaintiff,
`
`v.
`
`
`
`T-MOBILE USA, INC.,
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Bunker IP LLC files this Original Complaint for Patent Infringement against T-
`
`Mobile USA, Inc., and would respectfully show the Court as follows:
`
`
`
`I. THE PARTIES
`
`1.
`
`Plaintiff Bunker IP LLC (“Bunker IP” or “Plaintiff”) is a Texas limited liability
`
`company having an address at 7548 Preston Rd, Suite 141 PMB 1055, Frisco, TX 75034.
`
`2.
`
`On information and belief, Defendant T-Mobile USA, Inc. (“Defendant”) is a
`
`corporation organized and existing under the laws of Delaware, with a place of business at 129 N
`
`Wabash, Chicago, IL, 60602.
`
`II. JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. This Court has subject matter jurisdiction of such action under 28 U.S.C. §§
`
`1331 and 1338(a).
`
`4.
`
`On information and belief, Defendant is subject to this Court’s specific and
`
`general personal jurisdiction, pursuant to due process and the Illinois Long-Arm Statute, due at
`
`least to its business in this forum, including at least a portion of the infringements alleged herein.
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`1
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`

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`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 2 of 20 PageID #:2
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`Furthermore, Defendant is subject to this Court’s specific and general personal jurisdiction
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`because Defendant has a place of business in Illinois and this District.
`
`5.
`
`On information and belief, Defendant has derived revenues from its infringing
`
`acts occurring within Illinois. Further, on information and belief, Defendant is subject to the
`
`Court’s general jurisdiction, including from regularly doing or soliciting business, engaging in
`
`other persistent courses of conduct, and deriving substantial revenue from goods and services
`
`provided to persons or entities in Illinois. Further, on information and belief, Defendant is
`
`subject to the Court’s personal jurisdiction at least due to its sale of products and/or services
`
`within Illinois. Defendant has committed such purposeful acts and/or transactions in Illinois
`
`such that it reasonably should know and expect that it could be haled into this Court as a
`
`consequence of such activity.
`
`6.
`
`Venue is proper in this district under 28 U.S.C. § 1400(b). On information and
`
`belief, Defendant has a place of business in Illinois and this District. On information and belief,
`
`from and within this District Defendant has committed at least a portion of the infringements at
`
`issue in this case.
`
`7.
`
` For these reasons, personal jurisdiction exists and venue is proper in this Court
`
`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 “Control of a Multi-Mode, Multi-Band Mobile Telephone via a Single Hardware and
`
`
`
`2
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`

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`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 3 of 20 PageID #:3
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`Software 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.
`
`Different scopes of interface functionality typically induce different behavior, and
`
`often require the use of different software in the MMI. (Id. at col. 1:26-28). Where such specific
`
`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
`
`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 a substantial portion of the telephone's memory compared with other of the telephone's
`
`software modules. (Id. at col. 1:34-39). Thus, in order to provide a multiple mode mobile
`
`telephone capable using multiple standards, a substantial portion of the telephone's memory had
`
`to be dedicated to storage of software providing multiple MMIs. (Id. at col. 1:40-43).
`
`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
`
`routing information first and second protocol stacks supporting first and second modes utilizing
`
`
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`3
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`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 4 of 20 PageID #:4
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`first and second air interface standards, chipsets providing concurrent support, a user interface
`
`for communicating information and commands between protocol stacks and a user, and a bridge
`
`for providing communication of information between the first protocol stack and the second
`
`protocol 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-
`
`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 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.).
`
`15.
`
`The claimed systems further comprise a novel and inventive bridge architecture
`
`for 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 messages between protocol stacks via serial connection when the protocol stacks
`
`are running on different chipsets. (E.g., id. at col. 7:21-27).
`
`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.,
`
`
`
`4
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`

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`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 5 of 20 PageID #:5
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`the user interface to application layers). (Id. at col. 6:39-56). Further, application layers may
`
`convert between different protocol formats. (Id. at col. 7:17-56).
`
`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.
`
`1:63-65). 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 mobile telephone to be provided via a single MMI that is substantially consistent across all
`
`modes. (Id. at col. 1:65 – col. 2:3). Including in this manner, differences in technologies
`
`employed by the 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 other levels of the respective protocol stacks, applications (e.g., organizers,
`
`email clients, network browsers, and the like) may be more easily added to, removed from, or
`
`modified within the user interface without modification of the different protocol stacks so that
`
`the applications may support each air interface standard without special modification. (Id. at col.
`
`5:9-17). This greatly reduces the complexity of the MMI, making the mobile telephone easier to
`
`use than would be a telephone employing different MMIs for each mode, or a telephone
`
`employing an MMI that is modified with redundant software for supporting both air interface
`
`standards. (Id. at col. 5:17-22).
`
`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. 6,035,212 to Rostocker.
`
`
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`5
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`

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`19.
`
`Neither Souissi, Sainton or Rostocker had the inventive features, alone or in
`
`combination, of (1) a mode manager comprising a router for routing information to one of a first
`
`protocol stack or second protocol stack; (2) a bridge for providing communication of information
`
`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 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 concurrently by at least one chipset of the mobile telephone; and/or (4) a user interface
`
`for 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 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
`
`
`
`6
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`

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`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 7 of 20 PageID #:7
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`the Revvl 4 (“Accused Instrumentality”) (e.g., https://www.t-mobile.com/cell-phone/t-mobile-
`
`revvl-4?sku=610214665959).
`
`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)
`
`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) 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. The Accused Instrumentality has an
`
`operating system (e.g., mode manager) to manage switching between cellular and Wi-Fi modes.
`
`
`
`7
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`

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`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 8 of 20 PageID #:8
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`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 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).
`
`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). On information and
`
`belief, the accused product 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-
`
`
`
`8
`
`

`

`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 9 of 20 PageID #:9
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`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 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). 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.
`
`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
`
`
`
`9
`
`

`

`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 10 of 20 PageID #:10
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`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 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)
`
`
`
`10
`
`

`

`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 11 of 20 PageID #:11
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`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 call mode (i.e., a first mode) and wireless data network mode (i.e.,
`
`a second mode) by utilizing user interface of 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.,
`
`touch screen 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) and a user and between the second protocol stack (e.g., IEEE
`
`
`
`11
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`

`

`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 12 of 20 PageID #:12
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`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 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 Instrumentality) is provided via a single man machine interface (e.g.,
`
`
`
`12
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`

`

`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 13 of 20 PageID #:13
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`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 and standing to prosecute the present action for infringement of the ‘641 Patent
`
`by Defendant.
`
`
`
`13
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`

`

`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 14 of 20 PageID #:14
`
`37.
`
`The invention in the ‘641 patent relates to a plug-in connector system, and a
`
`network plug and a network socket for protected establishment of a network connection, which is
`
`especially suitable for granting previously defined maintenance companies or maintenance
`
`technicians access to a system that is to be maintained. (Ex. B at col. 1:8-13).
`
`38.
`
`Technical devices require maintenance which should only be undertaken by
`
`authorized personnel. (Id. at col. 1:16-19). This requires ensuring that only the appropriately
`
`authorized personnel access the maintenance functionality of a machine or system. (Id. at col.
`
`1:19-21). Furthermore, mobile maintenance devices, such as laptop computers or mobile
`
`phones, are normally used, which obtain maintenance access by a locally accessible interface to a
`
`specific electronic device, such as another computer. (Id. at col. 1:28-33). The connection to the
`
`locally accessible interface is made by wire or wirelessly. (Id. at col. 1:33-34).
`
`39.
`
`To grant access rights, an authentication check is usually performed in which a
`
`claimed identity is verified and thus the authorization for accessing the respective maintenance
`
`interface is checked. (Id. at col. 1:38-41). If the authentication check is successful, the access
`
`rights previously allocated to the respective user are granted. (Id. at col. 1:41-43).
`
`40. Most known authentication methods are based on the entity to be authorized
`
`having 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 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).
`
`
`
`14
`
`

`

`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 15 of 20 PageID #:15
`
`41.
`
`A further known option for secure administration of maintenance accesses is to
`
`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
`
`uncertainties because a physical access protection can be overcome with little effort in most
`
`cases. (Id. at col. 1:65-67). In addition, this type of solution also demands significant
`
`administrative 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
`
`access rights to maintenance functionalities that is operable securely and with little effort. (Id. at
`
`col. 2:6-9). The objects and advantages of the invention are achieved in accordance with the
`
`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). 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 check of the checking response, a physical connection is enabled between
`
`the network plug and 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
`
`infringing at least claim 7 of the ‘641 patent in Illinois, and elsewhere in the United States, by
`
`
`
`15
`
`

`

`Case: 1:21-cv-00483 Document #: 1 Filed: 01/27/21 Page 16 of 20 PageID #:16
`
`making, using, selling and/or offering to sell the Revvl 4 (“Accused Instrumentality”) (E.g.,
`
`https://www.t-mobile.com/cell-phone/t-mobile-revvl-4?sku=610214665959).
`
`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
`
`Instrumentality has a USB Type-C connection system, which is an authentication checking unit
`
`(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.t-mobile.com/cell-phone/t-mobile-revvl-
`
`4?sku=610214665959;
`
`https://www.usb.org/sites/default/files/documents/usb_authentication_20180904.zip (e.g., Fig.
`
`B.1)).
`
`45.
`
`The Accused Instrumentality has a network socket configured for implementation
`
`in a plug-in connection system for protected establishment of a network connection. For
`
`example, on
`
`information and belief,
`
`the Accused Instrumentality
`
`is configured for
`
`implementation in a plug-in connection system (e.g., USB Type-C based connector system) for
`
`protected establishment of a netw

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