`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`MOBILITY WORKX, LLC,
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` Plaintiff,
`v.
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`AT&T INC., AT&T CORP.,
`AT&T COMMUNICATIONS
`LLC: AT&T MOBILITY LLC,
`AND AT&T SERVICES INC.,
`
` Defendants.
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`
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`Case No. 4:23-cv-00594
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Mobility Workx, LLC (“Mobility Workx”) files this complaint
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`against Defendants A&T Inc., AT&T Corp., AT&T Communications LLC,
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`AT&T Mobility LLC, and AT&T Services Inc. (collectively, “Defendants” or
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`“AT&T”) for infringement of U.S. Patents Nos. 7,697,508 (the “’508 Patent”),
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`8,213,417 (the “‘417 Patent”), and 7,231,330 (the “’330 Patent”) (collectively the
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`“Patents in Suit”).
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`I.
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`PARTIES
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`1.
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`Plaintiff Mobility Workx LLC is a Florida limited liability company
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`that maintains its principal place of business at 215 Circle Drive, Winters, TX 79567.
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`1
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 2 of 13 PageID #: 2
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`2. Mobility Workx is the owner of U.S. Patent No. 7,697,508, entitled
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`“System, Apparatus, and Methods for Proactive Allocation of Wireless
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`Communication Resources,” issued April 13, 2010. A copy of the ‘508 patent is
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`attached hereto as Exhibit 1.
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`3. Mobility Workx is the owner of U.S. Patent No. 8,213,417, entitled
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`“System, Apparatus, and Methods for Proactive Allocation of Wireless
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`Communication Resources,” issued July 3, 2012. A copy of the ‘417 patent is
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`attached hereto as Exhibit 2.
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`4. Mobility Workx is the owner of U.S. Patent No. 7,231,330, entitled
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`“Rapid Mobility Network Emulator Method and System,” issued June 12, 2007. A
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`copy of the ‘330 patent is attached hereto as Exhibit 3.
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`5.
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`On information and belief, Defendant AT&T Inc. is a Delaware
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`corporation with its principal place of business at 208 S. Akard Street, Dallas, Texas,
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`75202. AT&T Inc.’s registered agent for service is CT Corporation System, 1999
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`Bryan Street, Suite 900, Dallas, Texas 75201.
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`6.
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`On information and belief, Defendant AT&T Corp. is a New York
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`corporation with a principal place of business at One AT&T Way, Bedminster, New
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`Jersey 07921-0752. AT&T Corp.’s registered agent for service is CT Corporation
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`System, 28 Liberty Street, New York, New York, 10005.
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`7.
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`On information and belief, Defendant AT&T Communications, LLC,
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`2
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 3 of 13 PageID #: 3
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`is a Delaware limited liability company with a principal place of business at 295
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`North Maple Ave., Basking Ridge, NJ 07920. AT&T Communications, LLC’s
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`registered agent is The Corporation Trust Company, 1209 N Orange St.,
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`Wilmington, DE 19801.
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`8.
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`On information and belief, Defendant AT&T Mobility LLC is a
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`Delaware limited liability company with its principal place of business at 1025
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`Lenox Park Boulevard NE, Atlanta, Georgia 30319. AT&T Mobility LLC’s
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`registered agent for service is The Corporation Trust Company, located at
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`Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
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`9.
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`On information and belief, Defendant AT&T Services, Inc. is a
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`corporation organized and existing under the laws of the State of Delaware, with a
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`principal place of business at 208 South Akard Street, Dallas, Texas 75202. AT&T
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`Services, Inc.’s registered agent for service is CT Corporation System, located at
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`1999 Bryan Street, Suite 900, Dallas, Texas 75201.
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`II.
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`JURISDICTION AND VENUE
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`10. Mobility Workx’s patent infringement claims arise under the patent
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`laws of the United States, Title 35 of the United States Code. Accordingly, this Court
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`has jurisdiction over the subject matter of this Complaint under 28 U.S.C. §§ 1331
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`and 1338(a).
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`11. On information and belief, AT&T’s operations in the Eastern District
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`3
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 4 of 13 PageID #: 4
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`of Texas are substantial and varied. AT&T operates one or more wireless
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`telecommunications networks to provide wireless telecommunications services,
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`including within the Eastern District of Texas, under brand names including but not
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`limited to “AT&T.” AT&T also advertises, as shown below1, that its 5G and 4G
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`LTE Nationwide networks are available within the Eastern District of Texas.
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`12. AT&T maintains multiple facilities in this judicial district, including
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`1 Wireless Coverage Map, available at https://www.att.com/maps/wireless-coverage.html (last visited January 24,
`2022)
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`4
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 5 of 13 PageID #: 5
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`numerous AT&T retail stores at 190 E Stacy Rd Suite 214, Allen, TX 75002; 1103
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`E Tyler St, Athens, TX 75751; 4460 Dowlen Rd, Beaumont, TX 77706; 351 TX-
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`243 Suite 200, Canton, TX 75103; 2520 W University Dr Suite 1180, Denton, TX
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`76201; 3551 Preston Rd, Frisco, TX 75034; 1214 US-259 Suite 102, Kilgore, TX
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`75662; 318 N Main St Suite B, Lindale, TX 75771; 109 W Loop 281, Longview,
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`TX 75605; 1712 E Grand Ave, Marshall, TX 75670; 3402 North St, Nacogdoches,
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`TX 75965; 1335 S Broadway St Suite 10, Sulphur Springs, TX 75482; 5112
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`Summerhill Rd, Texarkana, TX 75503; and 4757 S Broadway Ave, Tyler, TX
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`75703. These stores are physical places within the district and are AT&T’s regular
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`and established places of business.
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`13. AT&T further maintains a foundry within this judicial district in Plano,
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`Texas, “encompassing all aspects of an industry environment – from manufacturing
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`to distribution to retail” and enabling AT&T’s customers “to test potential 5G
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`solutions.”2 On information and belief, AT&T uses this foundry to design, test, use,
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`offer to sell, and sell mobile network services and products that infringe the Patents
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`in Suit. This foundry is a physical place within the district and is AT&T’s regular
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`and established place of business.
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`14. This Court has personal jurisdiction over AT&T because AT&T has
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`2 AT&T Foundry Launches Innovation Space for Vertical Industries, Sept. 20, 2018, available at
`https://about.att.com/story/2018/plano_foundry.html (last visited January 24, 2022).
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 6 of 13 PageID #: 6
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`committed acts of infringement within this District, has a regular and established
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`place of business in this District, and has minimum contacts with the forum such that
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`the exercise of jurisdiction over AT&T would not offend traditional notions of fair
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`play and substantial justice. AT&T conducts substantial business throughout Texas
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`by providing mobile network services and products in Texas and the Eastern District
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`that infringe the Patents in Suit and AT&T derives substantial revenue from those
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`infringing services and products.
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`15. Venue
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`is proper
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`in
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`this District and division pursuant
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`to
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`28 U.S.C. §§ 1391 and 1400, because AT&T has both committed acts of
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`infringement and has a regular and established place of business in this District.
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`16. Namely, upon information and belief, AT&T has made, used, offered
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`to sell, sold, or imported services and products that infringe valid and enforceable
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`claims of the Patents in Suit in this District, and AT&T has a regular and established
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`place of business in this District including the facilities described above.
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`III. COUNT I: INFRINGEMENT OF THE ‘508 PATENT
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`17. Mobility Workx hereby restates, realleges, and incorporates by
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`reference the foregoing paragraphs of the Complaint as if fully stated herein.
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`Mobility Workx further alleges as follows:
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`18. Mobility Workx is the owner by assignment of all rights, title, and
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`interest in the ‘508 Patent. The ‘508 Patent is presumed valid and enforceable.
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`6
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 7 of 13 PageID #: 7
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`19. Upon information and belief, AT&T makes, uses, offers for sale, sells,
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`or imports certain services and products (“Accused Handover Services/Products”),
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`including at least services that provide network handover, cellular base stations and
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`small cells that perform network handover, and mobile devices that use network
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`handover, in the United States and in this District that directly infringe one or more
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`claims of the ‘508 Patent, literally or under the doctrine of equivalents, including at
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`least claims 7 and 14 of the ‘508 Patent as set forth in the preliminary infringement
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`claim chart attached as Exhibit 4.
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`20. Upon information and belief, AT&T knowingly and intentionally
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`induces infringement of the ‘508 Patent in violation of 35 U.S.C. § 271(b). Prior to,
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`or at least through, the filing and service of this complaint, AT&T knew of the ‘508
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`Patent and the infringing nature of the Accused Handover Services/Products. AT&T
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`however continues to actively encourage users of its services and products to make
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`and use the Accused Handover Services/Products so as to directly infringe the ‘508
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`Patent. AT&T does so with knowledge and intent that the users of its services and
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`products commit these acts of infringement.
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`21. AT&T also continues to make, use, offer for sale, sell, and/or import
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`the Accused Handover Services/Products despite knowing of the ‘508 Patent,
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`thereby specifically intending for and inducing users of its services and products to
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`infringe the ‘508 Patent through their ordinary use of the Accused Handover
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`7
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 8 of 13 PageID #: 8
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`Services/Products.
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`22. On information and belief, AT&T contributes to their users’
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`infringement of the ‘508 Patent by making, using, offering to sell, selling, and/or
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`importing the Accused Handover Services/Products that have no substantial non-
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`infringing uses.
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`23. To the extent AT&T has infringed or continues to infringe after
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`knowledge of the ‘508 Patent, such infringement is deliberate, knowing, and willful
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`under 35 U.S.C § 271.
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`24. Mobility Workx, under 35 U.S.C. § 284, may recover damages
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`adequate to compensate for AT&T’s infringement, but in no event less than a
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`reasonable royalty for the use made of the invention by the infringer, AT&T,
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`together with interest and costs as fixed by the Court.
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`25. The Court should declare this an exceptional case under 35 U.S.C.
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`§ 285, entitling Mobility Workx to recover treble damages and attorneys’ fees.
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`IV. COUNT II: INFRINGEMENT OF THE ‘417 PATENT
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`26. Mobility Workx hereby restates, realleges, and incorporates by
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`reference the foregoing paragraphs of the Complaint as if fully stated herein.
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`27. Mobility Workx is the owner by assignment of all rights, title, and
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`interest in the ‘417 Patent. The ‘417 Patent was subject to an Inter Partes Review
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`and claims 3 and 6 remain valid and enforceable.
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`8
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 9 of 13 PageID #: 9
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`28. Upon information and belief, AT&T makes, uses, offers for sale, sells,
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`or imports Accused Handover Services/Products, in the United States and in this
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`District that directly infringe one or more claims of the ‘417 Patent, literally or under
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`the doctrine of equivalents, including at least claims 3 and 6 of the ‘417 Patent as set
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`forth in the preliminary infringement claim chart attached as Exhibit 5.
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`29. Upon information and belief, AT&T knowingly and intentionally
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`induces infringement of the ‘417 Patent in violation of 35 U.S.C. § 271(b). Prior to,
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`or at least through, the filing and service of this complaint, AT&T knew of the ‘417
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`Patent and the infringing nature of the Accused Handover Services/Products. AT&T
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`however continues to actively encourage users of its services and products to use the
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`Accused Handover Services/Products so as to directly infringe the ‘417 Patent.
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`AT&T does so with knowledge and intent that the users of its services and products
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`commit these acts of infringement. AT&T also continues to make, use, offer for sale,
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`sell, and/or import the Accused Handover Services/Products despite knowing of the
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`‘417 Patent, thereby specifically intending for and inducing users of its services and
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`products to infringe the ‘417 Patent through their ordinary use of the Accused
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`Handover Services/Products.
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`30. On information and belief, AT&T contributes to their users’
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`infringement of the ‘417 Patent by making, using, offering to sell, selling, and/or
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`importing the Accused Handover Services/Products that have no substantial non-
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`9
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 10 of 13 PageID #: 10
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`infringing uses.
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`31. To the extent AT&T has infringed or continues to infringe after
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`knowledge of the ‘417 Patent, such infringement is deliberate, knowing, and willful
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`under 35 U.S.C § 271.
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`32. Mobility Workx, under 35 U.S.C. § 284, may recover damages
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`adequate to compensate for AT&T’s infringement, but in no event less than a
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`reasonable royalty for the use made of the invention by the infringer, AT&T,
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`together with interest and costs as fixed by the Court.
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`33. The Court should declare this an exceptional case under 35 U.S.C.
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`§ 285, entitling Mobility Workx to recover treble damages and attorneys’ fees.
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`V. COUNT III: INFRINGEMENT OF THE ‘330 PATENT
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`34. Mobility Workx hereby restates, realleges, and incorporates by
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`reference the foregoing paragraphs of the Complaint as if fully stated herein.
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`35. Mobility Workx is the owner by assignment of all rights, title, and
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`interest in the ‘330 Patent. The ‘330 Patent is resumed valid and enforceable.
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`36. Upon information and belief, AT&T makes, uses, offers for sale, sells,
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`or imports certain services and products (“Accused Testing and Certification
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`Services/Products”), including at least device testing and certification services and
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`systems, in the United States and in this District that directly infringe one or more
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`claims of the ‘330 Patent, literally or under the doctrine of equivalents, including at
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`10
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 11 of 13 PageID #: 11
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`least claims 1 and 11 of the ‘330 Patent as set forth in the preliminary infringement
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`claim chart attached as Exhibit 6.
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`37. Upon information and belief, AT&T knowingly and intentionally
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`induces infringement of the ‘330 Patent in violation of 35 U.S.C. § 271(b). Prior to,
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`or at least through, the filing and service of this complaint, AT&T knew of the ‘330
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`Patent and the infringing nature of the Accused Testing and Certification
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`Services/Products. AT&T however continues to actively demand that device
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`manufacturers and certifiers to use the Accused Testing and Certification
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`Services/Products so as to directly infringe the ‘330 Patent. AT&T does so with
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`knowledge and intent that the device manufacturers and certifiers commit these acts
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`of infringement.
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`38. AT&T also continues to make, use, offer for sale, sell, and/or import
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`the Accused Testing and Certification Services/Products despite knowing of the ‘330
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`Patent, thereby specifically intending for and inducing device manufacturers and
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`certifiers to infringe the ‘330 Patent through their ordinary use of the Accused
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`Testing and Certification Services/Products.
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`39. On information and belief, AT&T contributes to device manufacturers
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`and certifiers infringement of the ‘330 Patent by making, using, offering to sell,
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`selling, and/or importing the Accused Testing and Certification Services/Products
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`that have no substantial non-infringing uses.
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`11
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 12 of 13 PageID #: 12
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`40. To the extent AT&T has infringed or continues to infringe after
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`knowledge of the ‘417 Patent, such infringement is deliberate, knowing, and willful
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`under 35 U.S.C § 271.
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`41. Mobility Workx, under 35 U.S.C. § 284, may recover damages
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`adequate to compensate for the AT&T’s infringement, but in no event less than a
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`reasonable royalty for the use made of the invention by the infringer, AT&T,
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`together with interest and costs as fixed by the Court.
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`42. The Court should declare this an exceptional case under 35 U.S.C.
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`§ 285, entitling Mobility Workx to recover treble damages and attorneys’ fees.
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`PRAYER FOR RELIEF
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`Mobility Workx respectfully requests that the Court enter:
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`a.
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`A judgment in favor of Mobility Workx that AT&T has infringed,
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`either literally and/or under the doctrine of equivalents, the Patents in Suit;
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`b.
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`A judgment and order requiring AT&T to pay Plaintiff its damages,
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`costs, expenses, and pre-judgment and post-judgment interest for AT&T’s
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`infringement of the Patents in Suit;
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`c.
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`A judgment and order finding that this is an exceptional case within the
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`meaning of 35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees
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`against AT&T;
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`d.
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`Any and all injunctive or equitable relief to which Mobility Workx is
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`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 13 of 13 PageID #: 13
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`entitled, including but not limited to ongoing royalties with respect to AT&T’s
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`infringement of the Patents in Suit; and,
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`e.
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`Any and all other relief as the Court may deem appropriate and just
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`under the circumstances.
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`DEMAND FOR JURY TRIAL
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`Plaintiff demands a trial by jury on all issues so triable.
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`Dated: June 23, 2023
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`Michael Machat (CA Bar No. 109475)
`Machat & Associates, PC
`8730 W. Sunset Blvd., Ste. 250
`West Hollywood, CA 90069
`Phone: 310-860-1833
`michael@machatlaw.com
`
`Counsel for Plaintiff
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`Respectfully Submitted,
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`By: /s/ Daniel B. Ravicher
`Daniel B. Ravicher
`ZEISLER PLLC
`777 Brickell Ave Ste 500
`Miami, FL 33131
`Phone: (786) 505-1205
`dan@zeisler-law.com
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