Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 1 of 8
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CPC PATENT TECHNOLOGIES PTY LTD.,
`
`Plaintiff,
`
`
`
`v.
`
`APPLE INC.,
`
` Defendant.
`
`Case No. 6:21-cv-00165
`
`ORIGINAL COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff CPC Patent Technologies Pty Ltd. (“CPC” or “Plaintiff”) files this complaint for
`
`patent infringement against Apple Inc. (“Apple” or “Defendant”) alleging, based on its own
`
`knowledge as to itself and its own actions, and based on information and belief as to all other
`
`matters, as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action arising under the patent laws of the United States, 35 U.S.C. §
`
`1 et seq., including specifically 35 U.S.C. § 271, based on Apple’s infringement of U.S. Patent
`
`Nos. 9,269,208 (“the ’208 Patent”) and 9,665,705 (“the ’705 Patent”) (collectively, “the Secure
`
`Access Patents”), which have an application priority date of 2003, and 8,620,039 (“the ’039
`
`Patent”), which has an application priority date of 2005. The ’208 Patent, the ’705 Patent, and the
`
`’039 Patent are referred to collectively herein as “the Patents-in-Suit”.
`
`2.
`
`The products accused of infringing the ’208 Patent and the ’705 Patent include
`
`iPhones and iPads equipped with Touch or Face ID (“the Secure Access Accused Products”). The
`
`products accused of infringing the ’039 Patent include the Secure Access Accused Products
`
`equipped with Apple Card loaded into the iPhone Wallet (“the Secure Pay Accused Products”).
`
`-1-
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CPC PATENT TECHNOLOGIES PTY LTD.,
`
`Plaintiff,
`
`
`
`v.
`
`APPLE INC.,
`
` Defendant.
`
`Case No. 6:21-cv-00165
`
`ORIGINAL COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff CPC Patent Technologies Pty Ltd. (“CPC” or “Plaintiff”) files this complaint for
`
`patent infringement against Apple Inc. (“Apple” or “Defendant”) alleging, based on its own
`
`knowledge as to itself and its own actions, and based on information and belief as to all other
`
`matters, as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action arising under the patent laws of the United States, 35 U.S.C. §
`
`1 et seq., including specifically 35 U.S.C. § 271, based on Apple’s infringement of U.S. Patent
`
`Nos. 9,269,208 (“the ’208 Patent”) and 9,665,705 (“the ’705 Patent”) (collectively, “the Secure
`
`Access Patents”), which have an application priority date of 2003, and 8,620,039 (“the ’039
`
`Patent”), which has an application priority date of 2005. The ’208 Patent, the ’705 Patent, and the
`
`’039 Patent are referred to collectively herein as “the Patents-in-Suit”.
`
`2.
`
`The products accused of infringing the ’208 Patent and the ’705 Patent include
`
`iPhones and iPads equipped with Touch or Face ID (“the Secure Access Accused Products”). The
`
`products accused of infringing the ’039 Patent include the Secure Access Accused Products
`
`equipped with Apple Card loaded into the iPhone Wallet (“the Secure Pay Accused Products”).
`
`-1-
`
`
`
`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 2 of 8
`
`The Secure Access Accused Products and the Secure Pay Accused Products are referred to
`
`collectively herein as “the Accused Products.”
`
`THE PARTIES
`
`3.
`
`CPC is an Australian corporation having its principal place of business located at
`
`Level 1, 18 Tedder Avenue, Main Beach, Queensland 4217, Australia.
`
`4.
`
`CPC is an investment company focused on biometric technology including mobile
`
`device security, credit card security, and mobile payments. In 2019, CPC acquired a patent
`
`portfolio, including the ’039 Patent, ’208 Patent, and ’705 Patent from biometric technology
`
`pioneer Securicom (NSW) Pty Ltd (“Securicom”) from the liquidator of Securicom and inventor
`
`Christopher Burke.
`
`5.
`
`Apple is a California corporation having a principal place of business located at
`
`One Apple Park Way Cupertino, California 95014 and regular and established places of business
`
`at 12535 Riata Vista Circle, Austin, Texas and 5501 West Parmer Lane, Austin, Texas.
`
`Apple currently employs thousands of people in Austin, Texas.
`
`Apple is in the process of building a new 15,000-employee campus in Austin,
`
`6.
`
`7.
`
`Texas.
`
`8.
`
`Apple presently operates retail establishments at Barton Creek Square, Austin,
`
`Texas and at Apple Domain Northside, Austin, Texas, where the Accused Products are sold.
`
`9.
`
`Apple is registered to do business in the state of Texas and lists CT Corp. System,
`
`located at 1999 Bryan St., Suite 900, Dallas, Texas 75201 as its registered agent in the State of
`
`Texas.
`
`-2-
`
`
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 3 of 8
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`JURISDICTION AND VENUE
`
`10.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a) because the claims herein arise under the patent laws of the United States, 35 U.S.C. § 1
`
`et seq., including 35 U.S.C. § 271.
`
`11.
`
`This Court has specific personal jurisdiction over Apple because Apple has
`
`committed acts of infringement within the State of Texas and within this District through, for
`
`example, the manufacture, advertising, offer for sale, and sale of the Accused Products in this
`
`Judicial District.
`
`12.
`
`This Court has general personal jurisdiction over Apple, which regularly transacts
`
`business in the State of Texas and this Judicial District, which includes having offices and stores
`
`in this Judicial District, having established partnerships with other entities in this Judicial District
`
`for the sale of various products, including the Accused Products, and having a registered agent for
`
`service in Texas.
`
`13.
`
`Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§ 1391(b),
`
`(c), and l400(b). Apple has regular and established places of business in this District, including at
`
`12535 Riata Vista Circle and 5501 West Parmer Lane, Austin, Texas. Apple has committed acts
`
`within this Judicial District including manufacturing and selling the Accused Products.
`
`SECURICOM’S INNOVATION OF BIOMETRIC SECURITY TECHNOLOGY
`
`14.
`
`The inventions of the Secure Access Patents provide for enrollment in a biometric
`
`security system where the user’s biometric data is stored securely. Once the user’s biometric data
`
`is secure in an electronic device (e.g., a smartphone), the biometric data can be used to unlock the
`
`electronic device.
`
`-3-
`
`
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 4 of 8
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`15.
`
`The invention claimed in the ’039 Patent is directed to improved smart card device
`
`security provided using biometric data.
`
`16.
`
`On September 17, 2019, the United States Patent and Trademark Office recorded
`
`an assignment of patent rights of certain patents (including the Patents-in-Suit) to CPC Patent
`
`Technologies Pty Ltd. (“CPC”). CPC is a wholly-owned subsidiary of Charter Pacific. (See
`
`https://www.charpac.com.au/further-clarification/.)
`
`APPLE’S FORAY INTO THE BIOMETRIC SECURITY TECHNOLOGY
`
`17.
`
`In 2013, a decade after the priority application date for the Secure Access Patents,
`
`Apple introduced the Touch ID security feature with the iPhone, which is a biometric fingerprint
`
`recognition system used for, e.g., device access and payments. In 2017, Apple introduced Face
`
`ID in, e.g., the Accused Products as a security feature alternative to Touch ID.
`
`18.
`
`On March 25, 2019, Apple introduced the Apple Card built into the iPhone Wallet
`
`application with a range of security and privacy features, including integration of Touch ID and
`
`Face ID biometrics. (See https://www.apple.com/newsroom/2019/03/introducing-apple-card-a-
`
`new-kind-of-credit-card-created-by-apple/.)
`
`THE PATENTS-IN-SUIT
`
`19.
`
`On December 31, 2013, the ’039 Patent, entitled “Card Device Security using
`
`Biometrics,” was duly and legally issued by the United States Patent and Trademark Office. A
`
`true and accurate copy of the ’039 Patent is attached hereto as Exhibit A.
`
`20.
`
`On February 23, 2016, the ’208 Patent, entitled “Remote Entry System,” was duly
`
`and legally issued by the United States Patent and Trademark Office. A true and accurate copy of
`
`the ’208 Patent is attached hereto as Exhibit B.
`
`-4-
`
`
`
`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 5 of 8
`
`21.
`
`On May 30, 2017, the ’705 Patent, entitled “Remote Entry System,” was duly and
`
`legally issued by the United States Patent and Trademark Office. A true and accurate copy of the
`
`’705 Patent is attached hereto as Exhibit C.
`
`APPLE’S KNOWLEDGE OF THE PATENTS-IN-SUIT
`
`22.
`
`On March 19, 2020, CPC provided Apple specific notice of infringement regarding
`
`the ’705 Patent and the ’039 Patent. (See Exhibit D.)
`
`23.
`
`By letter of May 14, 2020, counsel for Apple indicated Apple’s awareness of the
`
`’208 Patent. (See Exhibit E.)
`
`24.
`
`Apple has not taken a license to the Patents-in-Suit.
`
`FIRST CAUSE OF ACTION
`
`(Infringement of the ’208 Patent)
`
`25.
`
`CPC incorporates by reference and realleges the allegations of Paragraphs 1
`
`through 24.
`
`26.
`
`CPC owns all substantial rights, interest, and title in and to the ’208 Patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ’208 Patent against
`
`infringers, and to collect damages for all relevant times.
`
`27.
`
`Claim charts showing how representative Accused Products directly infringes
`
`representative claim 10 of the ’208 Patent are attached hereto as Exhibits F and G.
`
`28. With knowledge of the ’208 Patent, Apple has induced its customers to infringe at
`
`least claim 10 of that patent by instructing such customers regarding the registration for, and use
`
`of, the Touch ID and Face ID functions of the Accused Products.
`
`29.
`
`30.
`
`CPC has been damaged by Apple’s infringement of the ’208 Patent.
`
`CPC has complied with 35 U.S.C. § 287 with respect to the ’208 Patent.
`
`-5-
`
`
`
`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 6 of 8
`
`SECOND CAUSE OF ACTION
`
`(Infringement of the ’705 Patent)
`
`31.
`
`CPC incorporates by reference and realleges the allegations of Paragraphs 1
`
`through 30.
`
`32.
`
`CPC owns all substantial rights, interest, and title in and to the ’705 Patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ’705 Patent against
`
`infringers, and to collect damages for all relevant times.
`
`33.
`
`Claim charts showing how representative Accused Products directly infringes
`
`representative claim 1 of the ’705 Patent are attached hereto as Exhibits H and I.
`
`34. With knowledge of the ’705 Patent, Apple has induced its customers to infringe at
`
`least claim 1 of that patent by instructing such customers regarding the registration for, and use of,
`
`the Touch ID and Face ID functions of the Accused Products that resulted in the direct
`
`infringement of at least that claim.
`
`35.
`
`36.
`
`CPC has been damaged by Apple’s infringement of the ’705 Patent.
`
`CPC has complied with 35 U.S.C. § 287 with respect to the ’705 Patent.
`
`THIRD CAUSE OF ACTION
`
`(Infringement of the ’039 Patent)
`
`37.
`
`CPC incorporates by reference and realleges the allegations of Paragraphs 1
`
`through 36.
`
`38.
`
`CPC owns all substantial rights, interest, and title in and to the ’039 Patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ’039 Patent against
`
`infringers, and to collect damages for all relevant times.
`
`-6-
`
`
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 7 of 8
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`39.
`
`A claim chart showing how a representative Accused Product directly infringes
`
`representative claim 13 of the ’039 Patent is attached hereto as Exhibit J.
`
`40. With knowledge of the ’039 Patent, Apple has induced its customers to infringe at
`
`least claim 13 of that patent by instructing such customers regarding the registration for, and use
`
`of, the Touch ID and Face ID functions to access Apple Card in the Accused Products that resulted
`
`in the direct infringement of at least that claim.
`
`41.
`
`42.
`
`CPC has been damaged by Apple’s infringement of the ’039 Patent.
`
`CPC has complied with 35 U.S.C. § 287 with respect to the ’039 Patent.
`
`JURY DEMAND
`
`CPC hereby requests a trial by jury on all issues so triable by right.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, CPC requests that:
`
`A.
`
`The Court find that Apple has directly infringed the Patents-in-Suit and hold Apple
`
`liable for such infringement;
`
`B.
`
`The Court find that Apple has indirectly infringed the Patents-in-Suit by inducing
`
`its customers to directly infringe the Patents-in-Suit and hold Apple liable for such infringement;
`
`C.
`
`The Court award damages pursuant to 35 U.S.C. § 284 adequate to compensate
`
`CPC for Apple’s past infringement of the Patents-in-Suit, including both pre- and post-judgment
`
`interest and costs as fixed by the Court;
`
`D.
`
`E.
`
`The Court enter an injunction preventing further infringement by Apple; and
`
`The Court award such other relief as the Court may deem just and proper.
`
`
`
`
`
`
`-7-
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`
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`Case 6:21-cv-00165-ADA Document 1 Filed 02/23/21 Page 8 of 8
`
`Dated: February 23, 2020
`
`
`
`
`
`
` Respectfully submitted,
`
`/s/ Stewart Mesher -
`Stewart Mesher
`Texas State Bar No. 24032738
`K&L GATES LLP
`2801 Via Fortuna, Suite #350
`Austin, TX 78746
`Tel.: (512) 482-6841
`Fax: (512) 482-6859
`Stewart.Mesher@klgates.com
`
`Elizabeth A. Gilman
`Texas State Bar No. 24069265
`K&L GATES LLP
`1000 Main Street, Suite #2550
`Houston, Texas 77002
`Tel.: (713) 815-7327
`Fax: (713) 815-7301
`Beth.Gilman@klgates.com
`
`James A. Shimota
`(pro hac vice to be filed)
`Illinois State Bar No. 6270603
`George C. Summerfield
`(pro hac vice to be filed)
`Michigan State Bar No. P40644
`Dhohyung Kim
`(pro hac vice to be filed)
`Illinois State Bar No. 6336174
`K&L GATES LLP
`70 W. Madison Street, Suite #3300
`Chicago, IL 60602
`Tel.: (312) 807-4299
`Fax: (312) 827-8000
`Jim.Shimota@klgates.com
`George.Summerfield@klgates.com
`DK.Kim@klgates.com
`
`ATTORNEYS FOR CPC PATENT
`TECHNOLOGIES PTY LTD.
`
`-8-
`
`
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