`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`CONTEXT DIRECTIONS LLC
`
`Plaintiff,
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`Civil Action No. 6:20-cv-1063
`
`v.
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`SAMSUNG ELECTRONICS CO., LTD.
`
`JURY TRIAL DEMANDED
`
`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Context Directions LLC (“CONTEXT” or “Plaintiff”), for its Complaint against
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`Defendant Samsung Electronics Co., Ltd., (referred to herein as “SAMSUNG” or “Defendant”),
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`alleges the following:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, 35 U.S.C. § 1 et seq.
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`THE PARTIES
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`2. Plaintiff CONTEXT is a limited liability company organized under the laws of the
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`State of Delaware with a place of business at 261 West 35th Street, Suite 1003, New York, NY
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`10001.
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`3. Upon information and belief, SAMSUNG is a corporation organized under the laws
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`of South Korea, with a place of business at 1-1, Samsungjeonja-ro, Hwaseong-si, Gyeonggi-do,
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`South Korea. Upon further information and belief, SAMSUNG sells, offers to sell, and/or uses
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`products and services throughout the United States, including in this judicial district, and
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`introduces infringing products and services into the stream of commerce knowing that they
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`would and will be sold and/or used in this judicial district and elsewhere in the United States.
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`JURISDICTION AND VENUE
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`4.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, Title 35 of the United States Code.
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`5.
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`6.
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`7.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`Venue is proper in this judicial district under 28 U.S.C. § 1400(b).
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`Venue is proper as to SAMSUNG in this judicial district under 28 U.S.C.
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`§1391(c)(3). On information and belief, SAMSUNG is not resident in the United States and may
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`be sued in any judicial district.
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`8.
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`This Court has personal jurisdiction over the SAMSUNG under the laws of the
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`State of Texas, due at least to its substantial business in Texas and in this judicial district,
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`directly or through intermediaries, including: (i) at least a portion of the infringing activity
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`alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
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`of conduct and/or deriving substantial revenue from goods and services provided to individuals
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`in the State of Texas.
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`The Invention
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`BACKGROUND
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`9.
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`Pawel Aksamit is the inventor of U.S. Patent No. 10,142,791 (“the ’791 patent”).
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`A true and correct copy of the ’791 patent is attached as Exhibit A. The ’791 patent resulted
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`from the pioneering efforts of Mr. Aksamit (hereinafter, “the Inventor”) in the area of methods of
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`detecting context in mobile devices, such as mobile phones, laptops, PDAs, tablets, watches,
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`music players, satellite navigation devices and cameras, as well as the devices themselves having
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`such context detection capability. Detecting context in mobile devices includes, for example, the
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`awareness of a device regarding the environment in which it is located, the activity of the user
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`and/or the circumstances of the user of the device, all of which can help to improve the usability
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`of the device, as well as the comfort and safety of its use. (See ’791 patent at 1:28-36.)
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`10.
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`The ‘791 patent includes claims directed to a method for detecting the context of a
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`mobile device, as well as a mobile device having such detection capability, where the mobile
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`device has a plurality of sensors assigned to sensor groups arranged in a hierarchy, along with
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`classifiers assigned to the sensor groups and a context detection module that activates and adapts
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`the classifiers to evaluate the context of the mobile device based on signals from one or more of
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`the sensors.
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`11.
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`At the time of the Inventor’s pioneering efforts, there were other methods known
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`for addressing the problem of context detection in a mobile device. One of the most widely
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`implemented technologies employed the device’s sensors to detect context by indirect means
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`only. In that type of system, for example, one could detect that a mobile device is located in a
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`moving vehicle by determining its approximate position from signals of base stations for cellular
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`phones, and then calculating the average speed of the device. However, those types of systems
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`were not very accurate and resulted in uncertainty as to the position of the device on the order of
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`a few hundred meters to several kilometers, as well as frequent false classifications indicating the
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`movement of the device when that was not the case. (See ’791 patent at 1:57-2:4.)
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`12.
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`Other methods could be used to detect whether a mobile device is in a moving
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`vehicle by analyzing the speed of the device using a global satellite positioning (“GPS”) system.
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`While this provided more accurate positioning than using the signals of mobile phone cell
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`towers, the GPS receiver consumed significant amounts of energy and unacceptably reduced the
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`life of the mobile device’s battery. (See ’791 patent at 2:5-14.)
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`13.
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`Another system used on an industrial scale utilized a vehicle-mounted, short-
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`range radio transmitter and a mobile device equipped with a receiver that was compatible with
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`the transmitter. The system assumed the mobile device was in a vehicle when it was in range of
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`the transmitter, but an obvious disadvantage of this system was the need for the transmitter in the
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`vehicle. (See ’791 patent at 2:30-45.)
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`14.
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` Yet another method for specifying a device’s context was based on analysis of
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`signals from different sensors in the device, such as microphones, accelerometers, light sensors,
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`magnetic field sensors, compasses, cameras and others. However, information from the signals
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`of an individual sensor often was not sufficient to accurately determine the device’s context, so
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`most of the known methods of this sort used parallel analysis of signals from multiple sensors.
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`While that increased the effectiveness of the classification, it also increased power consumption
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`and caused a shorter battery life for the mobile device. (See ’791 patent at 2:54-3:4.)
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`15.
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`The’791 patent describes technical improvements and addressed technical
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`problems with other prior systems. The ‘791 patent describes an accurate and efficient method
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`for determining the context of a mobile device based on signals from sensors found in such
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`mobile devices.
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`16.
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`As one example, the ‘791 patent describes a mobile device having a plurality of
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`sensors assigned to groups arranged in a hierarchy, along with classifiers assigned to the sensor
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`groups, and a context detection module configured to activate and adapt the classifiers to
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`evaluate the context of the mobile device based on signals from one or more of the sensors.
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`Each classifier is adapted to detect the context of the device based on readings from the sensors
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`belonging to its given group. The context detection module is configured to evaluate the context
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`of the mobile device by reading the result of the classification indicated by an active group
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`classifier. The context detection module may also, for example, adapt the configuration of the
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`classifiers associated with a given sensor group based on the results of classifications indicated
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`by the classifiers associated with a higher level sensor group. (See ’791 patent at 5:19-41.)
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`Advantages
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`17.
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`The ’791 patent describes a number of advantages over certain prior systems and,
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`in particular, improves the operation of context detection in a mobile device (e.g. by making it
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`more accurate and efficient). The improvements in context detection may be achieved by a
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`variety of features that correspond to features recited in the claims, aspects of which are forth in
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`this Complaint.
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`18.
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`The ’791 patent also describes equipping a mobile device with a context detection
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`module and classifiers, where the sensors of the mobile device are assigned to at least two sensor
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`groups, each of which comprises at least one sensor, and each such group is allocated a classifier
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`adapted to detect the context of the device based on the indications of the sensors belonging to
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`the given sensor group. The groups of sensors are ordered hierarchically, and the context of the
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`mobile device is detected by reading a classification result indicated by the classifier of the
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`currently active group of sensors in the mobile device. When an identified context is detected,
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`the power supply of the sensors in the lower group may be switched on and classification in a
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`group with a higher level activated. The context of the mobile device is read based on the higher
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`group’s classifier, and based on the results of the classification indicated by the higher group’s
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`classifiers, the configuration of the lower group’s classifiers is adapted. (See ’791 patent at 3:67-
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`4:18.)
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`19.
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`Another advantage of the ’791 patent relates to detecting the context of a mobile
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`device when a user is driving a car. It is inadvisable in such circumstances, for example, to send
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`and receive text messages. On the other hand, in those same circumstances, it might be
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`advantageous to activate other functions, like navigation, or download information from an
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`external database on known hazards on the roads and to inform the user when he is approaching
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`them, through a message of a tone, voice, visual, or any combination thereof. (See ’791 patent at
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`1:37-56.) The use of certain embodiments described by the ‘791 patent enables this to occur by
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`effectively detecting the context of the mobile device so that the appropriate sensors in the
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`mobile device are activated in an efficient manner.
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`20.
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`Yet another advantage of the ’791 patent concerns efficiency. The sensor groups
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`in the mobile device are ordered hierarchically, such that the total amount of energy required to
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`determine a classification result in lower level groups is less than the amount of energy required
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`to determine the result of the classification in groups of higher levels. That arrangement,
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`coupled with the context detection module’s adapting of the configuration of the lower level
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`classifier based on classification results returned by classifiers of a higher level, results in greater
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`energy efficiency as the adaptations proceed. (See ’791 patent at 6:1-14.)
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`21.
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`CONTEXT believes that the ’791 patent presents significant commercial value for
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`companies like SAMSUNG. Indeed, today's mobile devices, including SAMSUNG’s products
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`at issue in this case, are equipped with a large number of different types of sensors, which allow,
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`inter alia, automatic activation and deactivation of individual functions or to change
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`configuration of mobile devices, depending on the context. Awareness of the context improves
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`the usability of these devices.
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`Technological Innovation
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`22.
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`The ’791 patent describes embodiments that address technical problems related to
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`context detection for mobile devices. The ’791 patent describes effective and efficient methods
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`for determining the context of a mobile device by using a context detection module and
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`associated classifiers to evaluate that context based on signals from various types of sensors in
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`that mobile device.
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`23.
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`As the ’791 patent explains, a major limitation of some prior art systems for
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`detecting the context of a mobile device was the indirect means of that detection, such as
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`detecting that a mobile device is located in a moving vehicle by determining its approximate
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`position from signals of base stations for cellular phones or through a GPS system, which were
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`either inaccurate (as with cell tower system) and/or inefficient (as with the GPS system, which
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`more rapidly drained the battery of the mobile device). (See ’791 patent at 1:57-2:4 and 2:5-14.)
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`Other known methods consisted of parallel analysis of signals from multiple sensors in the
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`mobile device, which resulted in a substantial increase in the effectiveness of the classification.
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`However, that increase in effectiveness was only achieved at the expense of increased power
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`consumption, and thus a shorter time of operation of a battery-powered mobile device. (See
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`’791 patent at 2:54-3:4.) The ‘791 patent describes embodiments that overcome the limitations
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`of such prior systems and addresses technical problems.
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`24.
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`The claims of the ’791 patent do not merely recite the performance of some well-
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`known business practice from the pre-Internet world, along with the requirement to perform it on
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`the Internet or through the mobile device. Instead, the claims of the ’791 patent recite inventive
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`concepts that are deeply rooted in engineering technology, and overcome problems specifically
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`arising out of how to ascertain the context of a mobile device based on signals from its various
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`sensors.
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`25.
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`In addition, the claims of the ’791 patent recite inventive concepts related to
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`improved functioning of the mobile device itself, particularly by assigning the plurality of
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`sensors in the mobile device to groups arranged in a hierarchy, while utilizing classifiers
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`assigned to the sensor groups and a context detection module configured to activate and adapt
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`the classifiers to evaluate the context of the mobile device based on signals from one or more of
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`the sensors. More specifically, each classifier is adapted to detect the context of the device based
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`on readings from the sensors belonging to its given group, while the context detection module is
`
`configured to evaluate the context of the mobile device by reading the result of the classification
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`indicated by the currently active sensor group's classifier. The context detection module also
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`adapts the configuration of the classifiers associated with a given sensor group based on the
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`results of classifications indicated by the classifiers associated with a higher level sensor group.
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`(See ’791 patent at 5:19-41.) The foregoing, particular configuration used in the system of
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`context detection improves the accuracy and efficiency of that detection in mobile devices. (See
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`’791 patent at 6:44-7:17.)
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`26. Moreover, the claims of the ’791 patent recite inventive concepts that are not
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`merely routine or conventional use of mobile device or context detection technology. Instead,
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`the patented invention of the ’791 patent is directed to a novel solution to specific problems
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`related to methods of context detection.
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`27.
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`The ’791 patent does not preempt all the ways of detecting the context of a mobile
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`device based on signals from its sensors. Nor does the ’791 patent preempt any other well-
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`known or prior art technology.
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`28.
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`Accordingly, the claims in the ’791 patent recite a combination of elements that
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`amounts to significantly more than a patent-ineligible abstract idea.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 9,807,791
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`29.
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`The allegations set forth in the foregoing paragraphs 1 through 28 are
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`incorporated into this First Count for Relief.
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`30.
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`On October 31, 2017, the ’791 patent was duly and legally issued by the United
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`States Patent and Trademark Office under the title “Method of Detecting Context of a Mobile
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`Device and a Mobile Device with a Context Detection Module.”
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`31.
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`CONTEXT is the assignee and owner of the right, title and interest in and to the
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`’791 patent, including the right to assert all causes of action arising under said patent and the
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`right to any remedies for infringement of it.
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`32.
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`Upon information and belief, SAMSUNG has and continues to directly infringe
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`one or more claims of the ’791 patent by selling, offering to sell, making, using, importing and/or
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`providing and causing to be used SAMSUNG’s mobile phone products, including, for example,
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`the SAMSUNG Galaxy S10, S10+, S10e, Note 10, Note 10+, S20, S20+, S20 Ultra (see, e.g.,
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`https://www.samsung.com/us/mobile/galaxy) (the “Accused Phones”), as well as SAMSUNG’s
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`smart watch products, including, for example, the SAMSUNG Galaxy Watch, Galaxy Watch
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`Active and Galaxy Watch Active2 (see, e.g., https://www.samsung.com/us/mobile/galaxy) (“the
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`Accused Watches, and together with the Accused Phones, referred to in this Complaint as “the
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`Accused Instrumentalities”).
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`33.
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`Upon information and belief, the Accused Instrumentalities include a mobile
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`device and perform a method for detecting the context of the mobile device, where the mobile
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`device has a plurality of sensors assigned to sensor groups arranged in a hierarchy, along with
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`classifiers assigned to the sensor groups, and a context detection module that activates and adapts
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`the configuration of the classifiers, and evaluates the context of the mobile device based on
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`signals from one or more of the sensors.
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`34.
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`An exemplary infringement analysis showing a representative mapping of claims
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`1 and 14 of the ’791 patent to an illustrative Accused Instrumentality of the ’791 patent is set
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`forth in Exhibit B. This infringement analysis is necessarily preliminary, as it is provided in
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`advance of any discovery provided by SAMSUNG with respect to the ’791 patent. CONTEXT
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`reserves all rights to amend, supplement and modify this preliminary infringement analysis.
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`Nothing in the attached chart should be construed as any express or implied contention or
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`admission regarding the construction of any term or phrase of the claims of the ’791 patent.
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`35.
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`The Accused Instrumentalities infringed and continue to infringe at least claims 1
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`and 14 of the ’791 patent during the pendency of the ’791 patent.
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`36.
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`CONTEXT has been and continues to be harmed by Defendant SAMSUNG’s
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`infringing activities.
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`JURY DEMAND
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, CONTEXT demands a trial
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`by jury on all issues triable as such.
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`
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff CONTEXT demands judgment for itself and against Defendant
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`SAMSUNG as follows:
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`A.
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`B.
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`An adjudication that the Defendant SAMSUNG has infringed the ’791 patent;
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`An award of damages to be paid by SAMSUNG adequate to compensate
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`CONTEXT for SAMSUNG’s past infringement of the ’791 patent, and any continuing or future
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`infringement through the date such judgment is entered, including interest, costs, expenses and
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`an accounting of all infringing acts including, but not limited to, those acts not presented at trial;
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`C.
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`A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
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`CONTEXT’s reasonable attorneys’ fees; and
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`D.
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`An award to CONTEXT of such further relief at law or in equity as the Court
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`deems just and proper.
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`Dated: November 17, 2020
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`
`
`
`DEVLIN LAW FIRM LLC
`
`
`
`/s/ James M. Lennon
`James M. Lennon
`jlennon@devlinlawfirm.com
`Timothy Devlin (pro hac vice forthcoming)
`tdevlin@devlinlawfirm.com
`Paul Richter (pro hac vice forthcoming)
`1526 Gilpin Ave.
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Attorneys for Plaintiff Context Directions LLC
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