Case 1:13-cv-01668-LPS Document 1 Filed 10/07/13 Page 1 of 18 PageID #: 1
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`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`Civil Action No. ________________
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`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`Plaintiffs,
`
`INTELLECTUAL VENTURES I LLC
`AND INTELLECTUAL VENTURES II
`LLC,
`
`
`
`
`
`v.
`
`AT&T MOBILITY LLC; AT&T
`MOBILITY II LLC; AND NEW
`CINGULAR WIRELESS SERVICES,
`INC.,
`
`Defendants.
`
`
`COMPLAINT ALLEGING PATENT INFRINGEMENT
`
`Plaintiffs Intellectual Ventures I LLC (“Intellectual Ventures I”) and Intellectual
`
`
`
`
`
`Ventures II LLC (“Intellectual Ventures II”) allege the following against Defendants AT&T
`
`Mobility LLC (d/b/a AT&T Mobility); AT&T Mobility II LLC (d/b/a AT&T Mobility); New
`
`Cingular Wireless Services, Inc. (d/b/a AT&T Mobility) (AT&T Mobility LLC, AT&T Mobility
`
`II LLC, and New Cingular Wireless Services, Inc. collectively, “AT&T”):
`
`
`
`PARTIES
`
`1.
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`Intellectual Ventures I is a Delaware limited liability company with its principal
`
`place of business located in Bellevue, Washington.
`
`2.
`
`Intellectual Ventures II is a Delaware limited liability company with its principal
`
`place of business located in Bellevue, Washington.
`
`
`
`Exhibit 2001
`IPR2015-01872
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`Civil Action No. ________________
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`Plaintiffs,
`
`INTELLECTUAL VENTURES I LLC
`AND INTELLECTUAL VENTURES II
`LLC,
`
`
`
`
`
`v.
`
`AT&T MOBILITY LLC; AT&T
`MOBILITY II LLC; AND NEW
`CINGULAR WIRELESS SERVICES,
`INC.,
`
`Defendants.
`
`
`COMPLAINT ALLEGING PATENT INFRINGEMENT
`
`Plaintiffs Intellectual Ventures I LLC (“Intellectual Ventures I”) and Intellectual
`
`
`
`
`
`Ventures II LLC (“Intellectual Ventures II”) allege the following against Defendants AT&T
`
`Mobility LLC (d/b/a AT&T Mobility); AT&T Mobility II LLC (d/b/a AT&T Mobility); New
`
`Cingular Wireless Services, Inc. (d/b/a AT&T Mobility) (AT&T Mobility LLC, AT&T Mobility
`
`II LLC, and New Cingular Wireless Services, Inc. collectively, “AT&T”):
`
`
`
`PARTIES
`
`1.
`
`Intellectual Ventures I is a Delaware limited liability company with its principal
`
`place of business located in Bellevue, Washington.
`
`2.
`
`Intellectual Ventures II is a Delaware limited liability company with its principal
`
`place of business located in Bellevue, Washington.
`
`
`
`Exhibit 2001
`IPR2015-01872
`
`
`
`Case 1:13-cv-01668-LPS Document 1 Filed 10/07/13 Page 2 of 18 PageID #: 2
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`3.
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`Defendant AT&T Mobility, LLC, formerly named Cingular Wireless, LLC, is a
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`Delaware limited liability company and a wholly-owned subsidiary of AT&T, Inc., with its
`
`principal place of business at 5565 Glenridge Connector, Atlanta, Georgia 30342. AT&T
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`Mobility, LLC does business under at least the name AT&T Mobility.
`
`4.
`
`Defendant AT&T Mobility II, LLC, formerly named Cingular Wireless II, LLC,
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`is a Delaware limited liability company and a wholly-owned subsidiary of AT&T, Inc., with its
`
`principal place of business at 5565 Glenridge Connector, Suite 1700, Atlanta, GA 30342. AT&T
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`Mobility II, LLC does business under at least the name AT&T Mobility.
`
`5.
`
`Defendant New Cingular Wireless Services, Inc., formerly named AT&T
`
`Wireless Services Inc., is a Delaware company and a wholly-owned subsidiary of AT&T, Inc.,
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`with its principal place of business at 7277 164th Avenue NE, Redmond, WA 98052-7823. New
`
`Cingular Wireless Services, Inc. does business under at least the name AT&T Mobility. On
`
`information and belief, all three of the companies doing business as AT&T Mobility have
`
`overlapping or shared legal departments and/or services. Therefore, notice to one company
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`constitutes notice to all AT&T Mobility companies.
`
`
`
`NATURE OF THE ACTION
`
`6.
`
`This is a civil action alleging infringement of U.S. Patent No. 6,640,248; U.S.
`
`Patent No. 5,602,831; U.S. Patent No. 6,023,783; US Patent No. 6,952,408; U.S. Patent No.
`
`6,370,153; U.S. Patent No. 5,963,557; U.S. Patent No. 8,310,993; U.S. Patent No. 7,269,127;
`
`U.S. Patent No. 7,848,353; U.S. Patent No. 8,396,079; U.S. Patent No. 7,787,431; and U.S.
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`Patent No. 7,385,994 (the “Patents-in-Suit”), under the U.S. Patent Laws, 35 U.S.C. § 1 et seq.
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`2
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`Case 1:13-cv-01668-LPS Document 1 Filed 10/07/13 Page 3 of 18 PageID #: 3
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`JURISDICTION AND VENUE
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`7.
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`This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and
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`1338(a) because this action arises under the U.S. patent laws, including 35 U.S.C. § 271 et seq.
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`8.
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`This Court has personal jurisdiction over AT&T because AT&T has committed
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`infringing acts in this District in violation of 35 U.S.C. § 271, and has participated in the sale,
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`advertising, marketing, and use of wireless cellular equipment and services, within the State of
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`Delaware and this District, that infringe the Patents-in-Suit. These acts have caused and continue
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`to cause injury to Intellectual Ventures I and Intellectual Ventures II within the District. AT&T
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`derives substantial revenue from the sale of infringing services and products distributed within
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`the District, and/or expects or should reasonably expect its actions to have consequences within
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`the District, and derives substantial revenue from interstate and international commerce.
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`9.
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`AT&T maintains places of business within the District from which it sells
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`products or services to residents of the District. Additionally, AT&T provides
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`telecommunications services to customers through base stations, switching equipment and other
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`components of their telecommunications networks, which are located in the District.
`
`10.
`
`Further, AT&T Mobility LLC; AT&T Mobility II LLC; and New Cingular
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`Wireless Services, Inc. are each subject to this Court's jurisdiction by virtue of their
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`incorporation or formation in Delaware and their availing themselves of the laws and protections
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`of this District.
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`11.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`
`
`THE PATENTS-IN-SUIT
`
`12.
`
`Paragraphs 1-11 are reincorporated by reference as if fully set forth herein.
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`3
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`13.
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`On October 28, 2003, the United States Patent and Trademark Office (“PTO”)
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`issued U.S. Patent No. 6,640,248 (“the ’248 Patent”), titled “Application-aware, Quality of
`
`Service (QoS) Sensitive, Media Access Control (MAC) Layer.” The ’248 Patent is attached
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`hereto as Exhibit A.
`
`14.
`
`Intellectual Ventures I owns all substantial right, title, and interest in the ’248
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`15.
`
`On February 11, 1997, the PTO issued U.S. Patent No. 5,602,831 (“the ’831
`
`Patent”), titled “Optimizing Packet Size to Eliminate Effects of Reception Nulls.” The ’831
`
`Patent is attached hereto as Exhibit B.
`
`16.
`
`Intellectual Ventures I owns all substantial right, title, and interest in the ’831
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`17.
`
`On February 8, 2000, the PTO issued U.S. Patent No. 6,023,783 (“the ’783
`
`Patent”), titled “Hybrid Concatenated Codes and Iterative Decoding.” The ’783 Patent is
`
`attached hereto as Exhibit C.
`
`18.
`
`Intellectual Ventures I is the exclusive licensee who possesses all substantial
`
`right, title, and interest in the ’783 Patent, and holds the right to sue and recover damages for
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`infringement thereof, including past infringement.
`
`19.
`
`On October 4, 2005, the PTO issued U.S. Patent No. 6,952,408 (“the ’408
`
`Patent”), titled “Method of Baseband Frequency Hopping Utilizing Time Division Multiplexed
`
`Mapping Between a Radio Transceiver and Digital Signal Processing Resources.” The ’408
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`Patent is attached hereto as Exhibit D.
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`4
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`20.
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`Intellectual Ventures I owns all substantial right, title, and interest in the ’408
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`21.
`
`On April 9, 2002, the PTO issued U.S. Patent No. 6,370,153 (“the ’153 Patent”),
`
`titled “Method and Apparatus for Reserving Resources of One or More Multiple Access
`
`Communication Channels.” The ’153 Patent is attached hereto as Exhibit E.
`
`22.
`
`Intellectual Ventures II owns all substantial right, title, and interest in the ’153
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`23.
`
`On October 5, 1999, the PTO issued U.S. Patent No. 5,963,557 (“the ’557
`
`Patent”), titled “High Capacity Reservation Multiple Access Network with Multiple Shared
`
`Unidirectional Paths.” The ’557 Patent is attached hereto as Exhibit F.
`
`24.
`
`Intellectual Ventures II owns all substantial right, title, and interest in the ’557
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`25.
`
`On November 13, 2012, the PTO issued U.S. Patent No. 8,310,993 (“the ’993
`
`Patent”), titled “Acknowledging Communication in a Wireless Network.” The ’993 Patent is
`
`attached hereto as Exhibit G.
`
`26.
`
`Intellectual Ventures II owns all substantial right, title, and interest in the ’993
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`27.
`
`On September 11, 2007, the PTO issued U.S. Patent No. 7,269,127 (“the ’127
`
`Patent”), titled “Preamble Structures for Single-Input, Single-Output (SISO) and Multi-Input,
`
`5
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`Multi-Output (MIMO) Communication Systems.” The ’127 Patent is attached hereto as
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`Exhibit H.
`
`28.
`
`Intellectual Ventures II owns all substantial right, title, and interest in the ’127
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`29.
`
`On December 7, 2010, the PTO issued U.S. Patent No. 7,848,353 (“the ’353
`
`Patent”), titled “Method, Communication System and Communication Unit for Synchronisation
`
`for Multi-rate Communication.” The ’353 Patent is attached hereto as Exhibit I.
`
`30.
`
`Intellectual Ventures II owns all substantial right, title, and interest in the ’353
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`31.
`
`On March 12, 2013, the PTO issued U.S. Patent No. 8,396,079 (“the ’079
`
`Patent”), titled “Communication Units Operating with Various Bandwidths.” The ’079 Patent is
`
`attached hereto as Exhibit J.
`
`32.
`
`Intellectual Ventures II owns all substantial right, title, and interest in the ’079
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`33.
`
`On August 31, 2010, the PTO issued U.S. Patent No. 7,787,431 (“the ’431
`
`Patent”), titled “Methods and Apparatus for Multi-carrier Communications with Variable
`
`Channel Bandwidth.” The ’431 Patent is attached hereto as Exhibit K.
`
`34.
`
`Intellectual Ventures II owns all substantial right, title, and interest in the ’431
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
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`6
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`35.
`
`On June 10, 2008, the PTO issued U.S. Patent No. 7,385,994 (“the ’994 Patent”),
`
`titled “Packet Data Queuing and Processing.” The ’994 Patent is attached hereto as Exhibit L.
`
`36.
`
`Intellectual Ventures II owns all substantial right, title, and interest in the ’994
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`
`
`FACTUAL BACKGROUND
`
`Intellectual Ventures
`
`37.
`
`Intellectual Ventures Management, LLC (“Intellectual Ventures”) was founded in
`
`2000. Since its founding, Intellectual Ventures has been deeply involved in the business of
`
`invention. Intellectual Ventures creates inventions and files patent applications for those
`
`inventions; it collaborates with others to develop and patent inventions; and it acquires and
`
`licenses patents from individual inventors, universities, and other institutions. A significant
`
`aspect of Intellectual Ventures’ business is managing the plaintiffs Intellectual Ventures I and
`
`Intellectual Ventures II.
`
`38.
`
`Intellectual Ventures’ business includes purchasing important inventions from
`
`individual inventors and institutions, and then licensing the inventions to those who need them.
`
`Through this business, Intellectual Ventures enables inventors to reap a financial reward from
`
`their innovations, which is often a difficult task for individual inventors.
`
`39.
`
`Intellectual Ventures also develops its own inventions. Intellectual Ventures has a
`
`staff of scientists and engineers who develop ideas in a broad range of fields, including
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`agriculture, computer hardware, life sciences, medical devices, semiconductors, and software.
`
`Intellectual Ventures has invested millions of dollars developing such ideas and has filed
`
`hundreds of patent applications on its inventions every year, making it one of the top patent filers
`
`7
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`in the world. Intellectual Ventures also has invested in laboratory facilities to assist with the
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`development and testing of new ideas.
`
`40.
`
`Intellectual Ventures develops inventions by collaborating with inventors and
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`research institutions around the world. For example, Intellectual Ventures has developed
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`inventions by selecting a technical challenge, requesting proposals from inventors and
`
`institutions for inventions that would overcome the challenge, selecting the most promising
`
`ideas, rewarding the inventors and institutions for their contributions, and filing patent
`
`applications on the selected ideas. Intellectual Ventures has invested millions of dollars in this
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`way and has created a network of more than 3000 inventors worldwide.
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`
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`AT&T’s Telecommunications Network
`
`41.
`
`AT&T is in the business of providing wireless phone services to customers
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`throughout the United States, including the State of Delaware. The future of AT&T’s business
`
`and the subject of this lawsuit is AT&T’s 4G Long Term Evolution (“LTE”) wireless network.
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`42.
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`AT&T is in the middle of one of the largest network build outs of all time. Since
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`2012, AT&T has been aggressively building out its 4G LTE network in a race against other
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`telecommunication providers to gain market share in the United States. AT&T has launched 4G
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`LTE service in over 400 markets in just the last 24 months. AT&T boasts that it has the nation’s
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`fastest and most reliable 4G LTE network and expects the network to cover approximately 300
`
`million people in the United States and to be largely complete by the end of 2014. Three
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`markets in Delaware, Dover, Sussex County and Wilmington, have AT&T 4G LTE service and
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`through the fruits of the inventions described in this complaint, AT&T is enjoying great success
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`and earning tremendous profits.
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`8
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`43.
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`AT&T has been enormously successful. As of June 30, 2013, AT&T had 107.9
`
`million wireless subscribers, of which 35% had already converted to 4G LTE and over 17
`
`million highly profitable and coveted smartphone users had converted to AT&T’s 4G LTE
`
`service. AT&T heavily promotes its 4G LTE network as a selling point and as a differentiator
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`against its competitors.
`
`44.
`
`AT&T’s ability to employ 4G LTE service is critical to its business. Due to
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`substantial increases in the demand for wireless service in the United States, AT&T is facing
`
`spectrum and capacity constraints. The build out of AT&T’s 4G LTE network is critical to
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`driving down its cost of providing service, to maintaining and growing its customer base, and to
`
`the health of the company. AT&T has no other viable option than deploying 4G LTE.
`
`45.
`
`Each passing day, AT&T adds to its LTE customer base by converting 3G
`
`customers to its 4G network and by taking customers from third parties who lack 4G LTE
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`capabilities. Each passing day, AT&T also competes unfairly by using its substantial market
`
`power and muscle to push aside competitors, which it can do because of its substantial financial
`
`resources and because it refuses to pay royalties for the patent rights necessary to legally employ
`
`its 4G LTE technology.
`
`46.
`
`AT&T is aware that there are numerous patents in the LTE space, including
`
`patents owned by Intellectual Ventures I and Intellectual Ventures II. Yet, upon information and
`
`belief, AT&T has no policy in place to obtain rights from patent holders to use their 4G LTE
`
`technology. Upon information and belief, this is by design, and AT&T employs a corporate
`
`policy of ignoring the risk of patent infringement and willfully infringing 4G LTE patents. In
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`this fashion, AT&T has been able to keep its costs down and to compete unfairly against
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`companies who lawfully take licenses to the patents in suit.
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`9
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`47.
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`In this evolving marketplace, which is highly cost-competitive, a competitor who
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`has lawfully taken a license to the patents in suit is operating under a competitive disadvantage to
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`AT&T, which refuses to pay for the accused technology. A damage award would be insufficient
`
`to vindicate the rights of Intellectual Ventures I and its current and future licensees, and
`
`Intellectual Ventures II and its current and future licensees, and to restore the market to the
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`condition it would have been in had AT&T taken a license.
`
`
`
`COUNT I
`
`(AT&T’s Infringement of the ’248 Patent)
`
`48.
`
`49.
`
`Paragraphs 1-47 are incorporated by reference as if fully restated herein.
`
`AT&T has infringed the ’248 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`50.
`
`AT&T has had knowledge of the ’248 patent since no later than November 8,
`
`2005, when AT&T, or a predecessor, brought it to the attention of the examiner in an
`
`Information Disclosure Statement during prosecution of U.S. Patent No. 7,151,762. AT&T
`
`Corp. is the current assignee of U.S. Patent No. 7,151,762. In other words, AT&T’s
`
`infringement has been willful and the Court should award treble damages pursuant to 35 U.S.C.
`
`§ 284.
`
`51.
`
`Intellectual Ventures I has suffered damage as a result of AT&T’s infringement of
`
`the ’248 Patent.
`
`10
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`
`
`COUNT II
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`(AT&T’s Infringement of the ’831 Patent)
`
`52.
`
`53.
`
`Paragraphs 1-51 are incorporated by reference as if fully restated herein.
`
`AT&T has infringed the ’831 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`54.
`
`Intellectual Ventures I has suffered damage as a result of AT&T’s infringement of
`
`the ’831 Patent.
`
`
`
`COUNT III
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`(AT&T’s Infringement of the ’783 Patent)
`
`55.
`
`56.
`
`Paragraphs 1-54 are incorporated by reference as if fully restated herein.
`
`AT&T has infringed the ’783 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`57.
`
`Intellectual Ventures I has suffered damage as a result of AT&T’s infringement of
`
`the ’783 Patent.
`
`
`
`COUNT IV
`
`(AT&T’s Infringement of the ’408 Patent)
`
`58.
`
`59.
`
`Paragraphs 1-57 are incorporated by reference as if fully restated herein.
`
`AT&T has infringed the ’408 Patent, literally and/or under the doctrine of
`
`equivalents, by making, using or performing one or more of the claims without authority and in
`
`11
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`violation of 35 U.S.C. § 271(a). Among the infringing services are AT&T’s cellular services,
`
`including, but not limited to, cellular services that implement LTE in wireless base stations.
`
`60.
`
`Intellectual Ventures I has suffered damage as a result of AT&T’s infringement of
`
`the ’408 Patent.
`
`
`
`COUNT V
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`(AT&T’s Infringement of the ’153 Patent)
`
`61.
`
`62.
`
`Paragraphs 1-60 are incorporated by reference as if fully restated herein.
`
`AT&T has infringed the ’153 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`63.
`
`AT&T has had knowledge of the ’153 patent since no later than May 19, 2004,
`
`when AT&T, or a predecessor, brought it to the attention of the examiner in an Information
`
`Disclosure Statement during prosecution of U.S. Patent No. 6,850,981. AT&T Corp. is the
`
`current assignee of U.S. Patent No. 6,850,981. In other words, AT&T’s infringement has been
`
`willful and the Court should award treble damages pursuant to 35 U.S.C. § 284.
`
`64.
`
`Intellectual Ventures II has suffered damage as a result of AT&T’s infringement
`
`of the ’153 Patent.
`
`
`
`COUNT VI
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`(AT&T’s Infringement of the ’557 Patent)
`
`65.
`
`Paragraphs 1-64 are incorporated by reference as if fully restated herein.
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`12
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`66.
`
`AT&T has infringed the ’557 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`67.
`
`AT&T has had knowledge of the ’557 patent since no later than September 19,
`
`2001, when AT&T, or a predecessor, brought it to the attention of the examiner in an
`
`Information Disclosure Statement during prosecution of U.S. Patent No. 6,963,545. AT&T
`
`Corp. is the current assignee of U.S. Patent No. 6,963,545. In other words, AT&T’s
`
`infringement has been willful and the Court should award treble damages pursuant to 35 U.S.C.
`
`§ 284.
`
`68.
`
`Intellectual Ventures II has suffered damage as a result of AT&T’s infringement
`
`of the ’557 Patent.
`
`
`
`COUNT VII
`
`(AT&T’s Infringement of the ’993 Patent)
`
`69.
`
`70.
`
`Paragraphs 1-68 are incorporated by reference as if fully restated herein.
`
`AT&T has infringed the ’993 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`71.
`
`Intellectual Ventures II has suffered damage as a result of AT&T’s infringement
`
`of the ’993 Patent.
`
`
`
`COUNT VIII
`
`(AT&T’s Infringement of the ’127 Patent)
`
`72.
`
`Paragraphs 1-71 are incorporated by reference as if fully restated herein.
`
`13
`
`
`
`Case 1:13-cv-01668-LPS Document 1 Filed 10/07/13 Page 14 of 18 PageID #: 14
`
`73.
`
`AT&T has infringed the ’127 Patent, literally and/or under the doctrine of
`
`equivalents, by making, using or performing one or more of the claims without authority and in
`
`violation of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network
`
`services.
`
`74.
`
`Intellectual Ventures II has suffered damage as a result of AT&T’s infringement
`
`of the ’127 Patent.
`
`
`
`COUNT IX
`
`(AT&T’s Infringement of the ’353 Patent)
`
`75.
`
`76.
`
`Paragraphs 1-74 are incorporated by reference as if fully restated herein.
`
`AT&T has infringed the ’353 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`77.
`
`Intellectual Ventures II has suffered damage as a result of AT&T’s infringement
`
`of the ’353 Patent.
`
`
`
`COUNT X
`
`(AT&T’s Infringement of the ’079 Patent)
`
`78.
`
`79.
`
`Paragraphs 1-77 are incorporated by reference as if fully restated herein
`
`AT&T has infringed the ’079 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`80.
`
`Intellectual Ventures II has suffered damage as a result of AT&T’s infringement
`
`of the ’079 Patent.
`
`14
`
`
`
`Case 1:13-cv-01668-LPS Document 1 Filed 10/07/13 Page 15 of 18 PageID #: 15
`
`
`
`COUNT XI
`
`(AT&T’s Infringement of the ’431 Patent)
`
`81.
`
`82.
`
`Paragraphs 1-80 are incorporated by reference as if fully restated herein.
`
`AT&T has infringed the ’431 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`83.
`
`Intellectual Ventures II has suffered damage as a result of AT&T’s infringement
`
`of the ’431 Patent.
`
`COUNT XII
`
`(AT&T’s Infringement of the ’994 Patent)
`
`84.
`
`85.
`
`Paragraphs 1-83 are incorporated by reference as if fully restated herein.
`
`AT&T has infringed the ’994 Patent, literally and/or under the doctrine of
`
`equivalents, by using or performing one or more of the claims without authority and in violation
`
`of 35 U.S.C. § 271(a). Among the infringing services is AT&T’s 4G LTE network services.
`
`86.
`
`Intellectual Ventures II has suffered damage as a result of AT&T’s infringement
`
`of the ’994 Patent.
`
`
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Intellectual Ventures I and Intellectual Ventures II respectfully request
`
`the following relief:
`
`15
`
`
`
`Case 1:13-cv-01668-LPS Document 1 Filed 10/07/13 Page 16 of 18 PageID #: 16
`
`a)
`
`A judgment that U.S. Patent Nos. 6,640,248; 5,602,831; 6,023,783;
`
`6,952,408; 6,370,153; 5,963,557; 8,310,993; 7,269,127; 7,848,353; 8,396,079; 7,787,431,
`
`and 7,385,994 are valid and enforceable.
`
`b)
`
`c)
`
`A judgment that AT&T has infringed the ’248 Patent;
`
`A judgment that AT&T’s infringement of the ’248 Patent was willful and
`
`that the damages shall be increased under 35 U.S.C. § 284 to three times the amount
`
`found or measured;
`
`d)
`
`e)
`
`f)
`
`g)
`
`h)
`
`A judgment that AT&T has infringed the ’831 Patent;
`
`A judgment that AT&T has infringed the ’783 Patent;
`
`A judgment that AT&T has infringed the ’408 Patent;
`
`A judgment that AT&T has infringed the ’153 Patent;
`
`A judgment that AT&T’s infringement of the ’153 Patent was willful and
`
`that the damages shall be increased under 35 U.S.C. § 284 to three times the amount
`
`found or measured;
`
`i)
`
`j)
`
`A judgment that AT&T has infringed the ’557 Patent;
`
`A judgment that AT&T’s infringement of the ’557 Patent was willful and
`
`that the damages shall be increased under 35 U.S.C. § 284 to three times the amount
`
`found or measured;
`
`k)
`
`l)
`
`m)
`
`n)
`
`o)
`
`A judgment that AT&T has infringed the ’993 Patent;
`
`A judgment that AT&T has infringed the ’127 Patent;
`
`A judgment that AT&T has infringed the ’353 Patent;
`
`A judgment that AT&T has infringed the ’079 Patent;
`
`A judgment that AT&T has infringed the ’431 Patent;
`
`16
`
`
`
`Case 1:13-cv-01668-LPS Document 1 Filed 10/07/13 Page 17 of 18 PageID #: 17
`
`p)
`
`q)
`
`A judgment that AT&T has infringed the ’994 Patent;
`
`An order enjoining AT&T and its officers, agents, servants and
`
`employees, privies, and all persons in active concert or participation with it, from further
`
`infringement of said patents;
`
`r)
`
`A judgment that Intellectual Ventures I and Intellectual Ventures II be
`
`awarded all appropriate damages under 35 U.S.C. § 284 for AT&T’s past infringement,
`
`and any continuing or future infringement of the Patents-in-Suit, up until the date such
`
`judgment is entered, including pre and post judgment interest, costs, and disbursements
`
`as justified under 35 U.S.C. § 284 and, if necessary to adequately compensate Intellectual
`
`Ventures I and Intellectual Ventures II for AT&T’s infringement, an accounting:
`
`a.
`
`that this case be declared exceptional within the meaning of 35
`
`U.S.C. § 285 and that Intellectual Ventures I and Intellectual Ventures II be
`
`awarded the reasonable attorneys’ fees that they incur in prosecuting this action;
`
`b.
`
`that Intellectual Ventures I and Intellectual Ventures II be awarded
`
`costs and expenses that they incur in prosecuting this action; and
`
`c.
`
`that Intellectual Ventures I and Intellectual Ventures II be awarded
`
`such further relief at law or in equity as the Court deems just and proper.
`
`
`
`DEMAND FOR JURY TRIAL
`
`Intellectual Ventures I and Intellectual Ventures II hereby demand trial by jury on all
`
`claims and issues so triable.
`
`17
`
`
`
`
`
`Case 1:13-cv-01668-LPS Document 1 Filed 10/07/13 Page 18 of 18 PageID #: 18
`
`
`Respectfully submitted,
`
`FARNAN LLP
`
`
`
`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar. No. 5165)
`919 North Market Street, 12th Floor
`Wilmington, Delaware 19801
`(302) 777-0300
`(302) 777-0301 (Fax)
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`
`
`
`
`Counsel for Plaintiffs Intellectual Ventures I LLC
`and Intellectual Ventures II LLC
`
`
`DATED: October 7, 2013
`
`OF COUNSEL:
`Martin J. Black -- LEAD ATTORNEY
`martin.black@dechert.com
`DECHERT LLP
`Cira Centre 2929 Arch Street
`Philadelphia, PA 19104
`(215) 994-4000
`
`Stephen J. Akerley
`stephen.akerley@dechert.com
`Justin F. Boyce
`justin.boyce@dechert.com
`DECHERT LLP
`2440 W. El Camino Real Suite 700
`Mountain View, CA 94040-1499
`(650) 813-4800
`
`
`
`
`
`18
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