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Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 1 of 13 PageID #: 1
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`MOBILITY WORKX, LLC,
`
` Plaintiff,
`v.
`
`AT&T INC., AT&T CORP.,
`AT&T COMMUNICATIONS
`LLC: AT&T MOBILITY LLC,
`AND AT&T SERVICES INC.,
`
` Defendants.
`
`
`
`
`Case No. 4:23-cv-00594
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Mobility Workx, LLC (“Mobility Workx”) files this complaint
`
`against Defendants A&T Inc., AT&T Corp., AT&T Communications LLC,
`
`AT&T Mobility LLC, and AT&T Services Inc. (collectively, “Defendants” or
`
`“AT&T”) for infringement of U.S. Patents Nos. 7,697,508 (the “’508 Patent”),
`
`8,213,417 (the “‘417 Patent”), and 7,231,330 (the “’330 Patent”) (collectively the
`
`“Patents in Suit”).
`
`I.
`
`PARTIES
`
`1.
`
`Plaintiff Mobility Workx LLC is a Florida limited liability company
`
`that maintains its principal place of business at 215 Circle Drive, Winters, TX 79567.
`
`
`
`1
`
`

`

`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
`
`“System, Apparatus, and Methods for Proactive Allocation of Wireless
`
`Communication Resources,” issued April 13, 2010. A copy of the ‘508 patent is
`
`attached hereto as Exhibit 1.
`
`3. Mobility Workx is the owner of U.S. Patent No. 8,213,417, entitled
`
`“System, Apparatus, and Methods for Proactive Allocation of Wireless
`
`Communication Resources,” issued July 3, 2012. A copy of the ‘417 patent is
`
`attached hereto as Exhibit 2.
`
`4. Mobility Workx is the owner of U.S. Patent No. 7,231,330, entitled
`
`“Rapid Mobility Network Emulator Method and System,” issued June 12, 2007. A
`
`copy of the ‘330 patent is attached hereto as Exhibit 3.
`
`5.
`
`On information and belief, Defendant AT&T Inc. is a Delaware
`
`corporation with its principal place of business at 208 S. Akard Street, Dallas, Texas,
`
`75202. AT&T Inc.’s registered agent for service is CT Corporation System, 1999
`
`Bryan Street, Suite 900, Dallas, Texas 75201.
`
`6.
`
`On information and belief, Defendant AT&T Corp. is a New York
`
`corporation with a principal place of business at One AT&T Way, Bedminster, New
`
`Jersey 07921-0752. AT&T Corp.’s registered agent for service is CT Corporation
`
`System, 28 Liberty Street, New York, New York, 10005.
`
`7.
`
`On information and belief, Defendant AT&T Communications, LLC,
`
`
`
`2
`
`

`

`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
`
`North Maple Ave., Basking Ridge, NJ 07920. AT&T Communications, LLC’s
`
`registered agent is The Corporation Trust Company, 1209 N Orange St.,
`
`Wilmington, DE 19801.
`
`8.
`
`On information and belief, Defendant AT&T Mobility LLC is a
`
`Delaware limited liability company with its principal place of business at 1025
`
`Lenox Park Boulevard NE, Atlanta, Georgia 30319. AT&T Mobility LLC’s
`
`registered agent for service is The Corporation Trust Company, located at
`
`Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
`
`9.
`
`On information and belief, Defendant AT&T Services, Inc. is a
`
`corporation organized and existing under the laws of the State of Delaware, with a
`
`principal place of business at 208 South Akard Street, Dallas, Texas 75202. AT&T
`
`Services, Inc.’s registered agent for service is CT Corporation System, located at
`
`1999 Bryan Street, Suite 900, Dallas, Texas 75201.
`
`II.
`
`JURISDICTION AND VENUE
`
`10. Mobility Workx’s patent infringement claims arise under the patent
`
`laws of the United States, Title 35 of the United States Code. Accordingly, this Court
`
`has jurisdiction over the subject matter of this Complaint under 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`11. On information and belief, AT&T’s operations in the Eastern District
`
`
`
`3
`
`

`

`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
`
`telecommunications networks to provide wireless telecommunications services,
`
`including within the Eastern District of Texas, under brand names including but not
`
`limited to “AT&T.” AT&T also advertises, as shown below1, that its 5G and 4G
`
`LTE Nationwide networks are available within the Eastern District of Texas.
`
`
`12. AT&T maintains multiple facilities in this judicial district, including
`
`
`1 Wireless Coverage Map, available at https://www.att.com/maps/wireless-coverage.html (last visited January 24,
`2022)
`
`
`
`4
`
`

`

`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
`
`E Tyler St, Athens, TX 75751; 4460 Dowlen Rd, Beaumont, TX 77706; 351 TX-
`
`243 Suite 200, Canton, TX 75103; 2520 W University Dr Suite 1180, Denton, TX
`
`76201; 3551 Preston Rd, Frisco, TX 75034; 1214 US-259 Suite 102, Kilgore, TX
`
`75662; 318 N Main St Suite B, Lindale, TX 75771; 109 W Loop 281, Longview,
`
`TX 75605; 1712 E Grand Ave, Marshall, TX 75670; 3402 North St, Nacogdoches,
`
`TX 75965; 1335 S Broadway St Suite 10, Sulphur Springs, TX 75482; 5112
`
`Summerhill Rd, Texarkana, TX 75503; and 4757 S Broadway Ave, Tyler, TX
`
`75703. These stores are physical places within the district and are AT&T’s regular
`
`and established places of business.
`
`13. AT&T further maintains a foundry within this judicial district in Plano,
`
`Texas, “encompassing all aspects of an industry environment – from manufacturing
`
`to distribution to retail” and enabling AT&T’s customers “to test potential 5G
`
`solutions.”2 On information and belief, AT&T uses this foundry to design, test, use,
`
`offer to sell, and sell mobile network services and products that infringe the Patents
`
`in Suit. This foundry is a physical place within the district and is AT&T’s regular
`
`and established place of business.
`
`14. This Court has personal jurisdiction over AT&T because AT&T has
`
`
`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).
`5
`
`
`
`

`

`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
`
`place of business in this District, and has minimum contacts with the forum such that
`
`the exercise of jurisdiction over AT&T would not offend traditional notions of fair
`
`play and substantial justice. AT&T conducts substantial business throughout Texas
`
`by providing mobile network services and products in Texas and the Eastern District
`
`that infringe the Patents in Suit and AT&T derives substantial revenue from those
`
`infringing services and products.
`
`15. Venue
`
`is proper
`
`in
`
`this District and division pursuant
`
`to
`
`28 U.S.C. §§ 1391 and 1400, because AT&T has both committed acts of
`
`infringement and has a regular and established place of business in this District.
`
`16. Namely, upon information and belief, AT&T has made, used, offered
`
`to sell, sold, or imported services and products that infringe valid and enforceable
`
`claims of the Patents in Suit in this District, and AT&T has a regular and established
`
`place of business in this District including the facilities described above.
`
`III. COUNT I: INFRINGEMENT OF THE ‘508 PATENT
`
`17. Mobility Workx hereby restates, realleges, and incorporates by
`
`reference the foregoing paragraphs of the Complaint as if fully stated herein.
`
`Mobility Workx further alleges as follows:
`
`18. Mobility Workx is the owner by assignment of all rights, title, and
`
`interest in the ‘508 Patent. The ‘508 Patent is presumed valid and enforceable.
`
`
`
`6
`
`

`

`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 7 of 13 PageID #: 7
`
`19. Upon information and belief, AT&T makes, uses, offers for sale, sells,
`
`or imports certain services and products (“Accused Handover Services/Products”),
`
`including at least services that provide network handover, cellular base stations and
`
`small cells that perform network handover, and mobile devices that use network
`
`handover, in the United States and in this District that directly infringe one or more
`
`claims of the ‘508 Patent, literally or under the doctrine of equivalents, including at
`
`least claims 7 and 14 of the ‘508 Patent as set forth in the preliminary infringement
`
`claim chart attached as Exhibit 4.
`
`20. Upon information and belief, AT&T knowingly and intentionally
`
`induces infringement of the ‘508 Patent in violation of 35 U.S.C. § 271(b). Prior to,
`
`or at least through, the filing and service of this complaint, AT&T knew of the ‘508
`
`Patent and the infringing nature of the Accused Handover Services/Products. AT&T
`
`however continues to actively encourage users of its services and products to make
`
`and use the Accused Handover Services/Products so as to directly infringe the ‘508
`
`Patent. AT&T does so with knowledge and intent that the users of its services and
`
`products commit these acts of infringement.
`
`21. AT&T also continues to make, use, offer for sale, sell, and/or import
`
`the Accused Handover Services/Products despite knowing of the ‘508 Patent,
`
`thereby specifically intending for and inducing users of its services and products to
`
`infringe the ‘508 Patent through their ordinary use of the Accused Handover
`
`
`
`7
`
`

`

`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 8 of 13 PageID #: 8
`
`Services/Products.
`
`22. On information and belief, AT&T contributes to their users’
`
`infringement of the ‘508 Patent by making, using, offering to sell, selling, and/or
`
`importing the Accused Handover Services/Products that have no substantial non-
`
`infringing uses.
`
`23. To the extent AT&T has infringed or continues to infringe after
`
`knowledge of the ‘508 Patent, such infringement is deliberate, knowing, and willful
`
`under 35 U.S.C § 271.
`
`24. Mobility Workx, under 35 U.S.C. § 284, may recover damages
`
`adequate to compensate for AT&T’s infringement, but in no event less than a
`
`reasonable royalty for the use made of the invention by the infringer, AT&T,
`
`together with interest and costs as fixed by the Court.
`
`25. The Court should declare this an exceptional case under 35 U.S.C.
`
`§ 285, entitling Mobility Workx to recover treble damages and attorneys’ fees.
`
`IV. COUNT II: INFRINGEMENT OF THE ‘417 PATENT
`
`26. Mobility Workx hereby restates, realleges, and incorporates by
`
`reference the foregoing paragraphs of the Complaint as if fully stated herein.
`
`27. Mobility Workx is the owner by assignment of all rights, title, and
`
`interest in the ‘417 Patent. The ‘417 Patent was subject to an Inter Partes Review
`
`and claims 3 and 6 remain valid and enforceable.
`
`
`
`8
`
`

`

`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 9 of 13 PageID #: 9
`
`28. Upon information and belief, AT&T makes, uses, offers for sale, sells,
`
`or imports Accused Handover Services/Products, in the United States and in this
`
`District that directly infringe one or more claims of the ‘417 Patent, literally or under
`
`the doctrine of equivalents, including at least claims 3 and 6 of the ‘417 Patent as set
`
`forth in the preliminary infringement claim chart attached as Exhibit 5.
`
`29. Upon information and belief, AT&T knowingly and intentionally
`
`induces infringement of the ‘417 Patent in violation of 35 U.S.C. § 271(b). Prior to,
`
`or at least through, the filing and service of this complaint, AT&T knew of the ‘417
`
`Patent and the infringing nature of the Accused Handover Services/Products. AT&T
`
`however continues to actively encourage users of its services and products to use the
`
`Accused Handover Services/Products so as to directly infringe the ‘417 Patent.
`
`AT&T does so with knowledge and intent that the users of its services and products
`
`commit these acts of infringement. AT&T also continues to make, use, offer for sale,
`
`sell, and/or import the Accused Handover Services/Products despite knowing of the
`
`‘417 Patent, thereby specifically intending for and inducing users of its services and
`
`products to infringe the ‘417 Patent through their ordinary use of the Accused
`
`Handover Services/Products.
`
`30. On information and belief, AT&T contributes to their users’
`
`infringement of the ‘417 Patent by making, using, offering to sell, selling, and/or
`
`importing the Accused Handover Services/Products that have no substantial non-
`
`
`
`9
`
`

`

`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 10 of 13 PageID #: 10
`
`infringing uses.
`
`31. To the extent AT&T has infringed or continues to infringe after
`
`knowledge of the ‘417 Patent, such infringement is deliberate, knowing, and willful
`
`under 35 U.S.C § 271.
`
`32. Mobility Workx, under 35 U.S.C. § 284, may recover damages
`
`adequate to compensate for AT&T’s infringement, but in no event less than a
`
`reasonable royalty for the use made of the invention by the infringer, AT&T,
`
`together with interest and costs as fixed by the Court.
`
`33. The Court should declare this an exceptional case under 35 U.S.C.
`
`§ 285, entitling Mobility Workx to recover treble damages and attorneys’ fees.
`
`V. COUNT III: INFRINGEMENT OF THE ‘330 PATENT
`
`34. Mobility Workx hereby restates, realleges, and incorporates by
`
`reference the foregoing paragraphs of the Complaint as if fully stated herein.
`
`35. Mobility Workx is the owner by assignment of all rights, title, and
`
`interest in the ‘330 Patent. The ‘330 Patent is resumed valid and enforceable.
`
`36. Upon information and belief, AT&T makes, uses, offers for sale, sells,
`
`or imports certain services and products (“Accused Testing and Certification
`
`Services/Products”), including at least device testing and certification services and
`
`systems, in the United States and in this District that directly infringe one or more
`
`claims of the ‘330 Patent, literally or under the doctrine of equivalents, including at
`
`
`
`10
`
`

`

`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 11 of 13 PageID #: 11
`
`least claims 1 and 11 of the ‘330 Patent as set forth in the preliminary infringement
`
`claim chart attached as Exhibit 6.
`
`37. Upon information and belief, AT&T knowingly and intentionally
`
`induces infringement of the ‘330 Patent in violation of 35 U.S.C. § 271(b). Prior to,
`
`or at least through, the filing and service of this complaint, AT&T knew of the ‘330
`
`Patent and the infringing nature of the Accused Testing and Certification
`
`Services/Products. AT&T however continues to actively demand that device
`
`manufacturers and certifiers to use the Accused Testing and Certification
`
`Services/Products so as to directly infringe the ‘330 Patent. AT&T does so with
`
`knowledge and intent that the device manufacturers and certifiers commit these acts
`
`of infringement.
`
`38. AT&T also continues to make, use, offer for sale, sell, and/or import
`
`the Accused Testing and Certification Services/Products despite knowing of the ‘330
`
`Patent, thereby specifically intending for and inducing device manufacturers and
`
`certifiers to infringe the ‘330 Patent through their ordinary use of the Accused
`
`Testing and Certification Services/Products.
`
`39. On information and belief, AT&T contributes to device manufacturers
`
`and certifiers infringement of the ‘330 Patent by making, using, offering to sell,
`
`selling, and/or importing the Accused Testing and Certification Services/Products
`
`that have no substantial non-infringing uses.
`
`
`
`11
`
`

`

`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 12 of 13 PageID #: 12
`
`40. To the extent AT&T has infringed or continues to infringe after
`
`knowledge of the ‘417 Patent, such infringement is deliberate, knowing, and willful
`
`under 35 U.S.C § 271.
`
`41. Mobility Workx, under 35 U.S.C. § 284, may recover damages
`
`adequate to compensate for the AT&T’s infringement, but in no event less than a
`
`reasonable royalty for the use made of the invention by the infringer, AT&T,
`
`together with interest and costs as fixed by the Court.
`
`42. The Court should declare this an exceptional case under 35 U.S.C.
`
`§ 285, entitling Mobility Workx to recover treble damages and attorneys’ fees.
`
`PRAYER FOR RELIEF
`
`Mobility Workx respectfully requests that the Court enter:
`
`a.
`
`A judgment in favor of Mobility Workx that AT&T has infringed,
`
`either literally and/or under the doctrine of equivalents, the Patents in Suit;
`
`b.
`
`A judgment and order requiring AT&T to pay Plaintiff its damages,
`
`costs, expenses, and pre-judgment and post-judgment interest for AT&T’s
`
`infringement of the Patents in Suit;
`
`c.
`
`A judgment and order finding that this is an exceptional case within the
`
`meaning of 35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees
`
`against AT&T;
`
`d.
`
`Any and all injunctive or equitable relief to which Mobility Workx is
`
`
`
`12
`
`

`

`Case 4:23-cv-00594 Document 1 Filed 06/23/23 Page 13 of 13 PageID #: 13
`
`entitled, including but not limited to ongoing royalties with respect to AT&T’s
`
`infringement of the Patents in Suit; and,
`
`e.
`
`Any and all other relief as the Court may deem appropriate and just
`
`under the circumstances.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff demands a trial by jury on all issues so triable.
`
`Dated: June 23, 2023
`
`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
`
`Respectfully Submitted,
`
`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
`
`13
`
`
`
`
`
`

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