Case 6:22-cv-00031-ADA Document 38-8 Filed 05/02/22 Page 1 of 15
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`Exhibit 7
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`

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`Case 6:22-cv-00031-ADA Document 38-8 Filed 05/02/22 Page 2 of 15
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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-
`
`

`

`Case 6:22-cv-00031-ADA Document 38-8 Filed 05/02/22 Page 3 of 15
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`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 6:22-cv-00031-ADA Document 38-8 Filed 05/02/22 Page 4 of 15
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`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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`EXHIBIT D
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`
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`
`
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`March 19, 2020
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`
`
`
`
`SUBJECT TO FRE 408
`VIA ELECTRONIC MAIL
`
`Brian Ankenbrandt
`Senior Legal Counsel - IP Transactions
`Apple, Inc.
`One Apple Park Way
`Cupertino, California 95014
`
`George C. Summerfield
`george.summerfield@klgates.com
`(312) 807-4376
`
`Re: Charter Pacific Corporation Ltd. Patent Portfolio
`
`Dear Mr. Ankenbrandt:
`
`We represent Charter Pacific Corporation Ltd/ (“Charter”) in connection with its licensing
`
`and enforcement of its patent portfolio generally directed to electronic access security measures.
`That portfolio includes U.S. Patent No. 9,665,705 (“the ‘705 Patent”). I understand that the ‘705
`Patent, its application, and its European counterpart have been the subject of previous
`correspondence between Charter and Apple, Inc. (“Apple”). As you alluded to in your March 5,
`2020, the ‘705 Patent issued from U.S. Patent App. No. 15/000818, which claims priority of
`August 13, 2004. Although the ‘705 Patent has been the subject of prior correspondence, I attach
`a copy thereof for your convenience.
`
`It appears from the prior correspondence that there is an issue regarding the ownership of
`
`the ‘705 Patent. To address that issue, I include a January 8, 2020 assignment from Securicom
`(NSW) Pty Ltd. (“Securicom”) to CPC Patent Technologies Pty Ltd. (“CPC”)1 Therein,
`Securicom confirms assignment of the IP Rights set forth in the Schedule to such Assignment to
`CPC. As you will note, item 19 in the Schedule is the ‘705 Patent. Thus, no other entity is
`authorized to negotiate with Apple regarding the ‘705 Patent (or any other asset listed on the
`Schedule).
`
`
`
`
`
`
`
`The invention of the ‘705 Patent is graphically depicted in Figure 2 of that patent:
`
`
`1 CPC is a wholly-owned subsidiary of Charter.
`
`K&L GATES LLP
`70 West Madison Street, Chicago Illinois 60602
`T +1 312-807-4376 klgates.com
`
`
`
`
`
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`

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`As shown in Figure 2, the major components of the claimed invention are transmitter and
`
`receiver subsystems, which work in concert to provide access to a “controlled item.” A “controlled
`item” can be “an electronic key circuit in a personal computer” that is to be accessed by the user.
`‘705 Patent, col. 6, lines 17-20. Representative claim 1 of the ‘705 Patent reads as follows:
`
`
`A system for providing secure access to a controlled item, the system comprising:
`
` a
`
` memory comprising a database of biometric signatures;
`
` a
`
` transmitter sub-system comprising:
`
` a
`
` biometric sensor configured to receive a biometric signal;
`
` a
`
` transmitter sub-system controller configured to match the biometric signal against
`members of the database of biometric signatures to thereby output an accessibility attribute;
`and
`
` a
`
` transmitter configured to emit a secure access signal conveying information dependent
`upon said accessibility attribute; and
`
` a
`
` receiver sub-system comprising:
`
`
`
`
`
`2
`
`
`March 19, 2020
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`

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`Case 6:21-cv-00165-ADA Document 1-4 Filed 02/23/21 Page 4 of 11Case 6:22-cv-00031-ADA Document 38-8 Filed 05/02/22 Page 8 of 15
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`a receiver sub-system controller configured to:
`
`receive the transmitted secure access signal; and
`
`provide conditional access to the controlled item dependent upon said information;
`
`wherein the transmitter sub-system controller is further configured to:
`
`receive a series of entries of the biometric signal, said series being characterised according
`to at least one of the number of said entries and a duration of each said entry;
`
`map said series into an instruction; and
`
`populate the data base according to the instruction, wherein the controlled item is one of:
`a locking mechanism of a physical access structure or an electronic lock on an electronic
`computing device.
`
`
`The “biometric signature” can be a fingerprint (id., col. 7, line 40), and the “biometric
`
`sensor” can be a fingerprint sensor (id., col. 5, lines 60-63). Further, the “secure access signal”
`can be transmitted from the transmitter to the receiver can be over a wired medium. Id., col. 7,
`lines 9-12. In particular, the controlled item can be an electronic key circuit in a personal computer
`that is to be accessed by the user. Id., col. 6, lines 17-20. In that case, the computer can store the
`biometric signature in internal memory, and the computer can be integrated into the receiver sub-
`system. Id., col. 7, lines 22-26.
`
`
` On a related note, in your March 5, 2020 letter, you contend that “[t]he intrinsic record of
`the ‘705 patent makes clear, however, that the two sub-systems are separate devices that wirelessly
`transmit signals between them.” The afore-quoted passage from the ‘705 Patent belies that
`position.
`
`Apple’s Touch ID secure access technology, as implemented in, e.g., Apple’s iPhone, is
`
`described in various Apple publications, such as Apple T2 Security Chip Security Overview (Oct.
`2018) and iOS Security (Sept. 2014). Further, the Apple T2 security Chip implementing such
`access technology is the subject of third party analyses, such as Davidov, M., et al., Inside the
`Apple T2. Finally, the subject technology is described in Apple patent documents, such as U.S.
`Patent Appl. No. 2014/0089682. Such information evidences the operation of Apple’s Touch ID
`technology in the manner depicted below:
`
`
`
`
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`3
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`March 19, 2020
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`
`While the above figure illustrates Touch ID as implemented in the iPhone, such
`
`illustration is also applicable to Apple’s MacBook products:
`
`
`
`
`
`
`
`
`https://support.apple.com/en-us/HT207054.
`
`
`The following claim chart demonstrates how claim 10 of the ‘705 Patent literally reads on
`Apple’s Touch ID devices:
`
`
`Claim 1
`A transmitter sub-system for
`operating in a system for
`providing secure access to a
`controlled item, wherein the
`
`
`
`
`
`Infringement
`As shown in the figure above, the Apple T2 Security Chip comprises
`a transmitter sub-system that provides access to the operating system
`of an Apple device. Also as shown in that figure, access is provided
`
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`March 19, 2020
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`transmitter sub-system
`comprises:
`
`to the device’s operating system conditioned upon successful
`completion of the security protocol in the T2 chip.
`
`a biometric sensor configured to
`receiving [sic] a biometric
`signal;
`
`a controller configured to match
`the biometric signal against
`members of a database of
`biometric signatures to thereby
`output an accessibility attribute;
`and
`
`a transmitter configured to emit
`a secure access signal conveying
`said information dependent upon
`said accessibility attribute
`
`wherein the controller is further
`configured to:
`
`receive a series of entries of the
`biometric signal, said series
`being characterised according to
`at least one of the number of said
`entries and a duration of each
`said entry;
`
`
`
`
`
`The Home Button on the iPhone receives fingerprint data to enroll a
`fingerprint. https://support.apple.com/en-us/HT201371#setup. The
`Touch ID button on the MacBook receives fingerprint data to enroll
`a fingerprint. https://support.apple.com/en-us/HT207054.
`Secure Enclave is a coprocessor of Apple’s T2 Security Chip. Apple
`T2 Security Chip Security Overview (Oct. 2018) at 3. Apple’s Secure
`Enclave is a separate processor built into the device’s main system.
`https://www.howtogeek.com/387934/your-smartphone-has-a-
`special-security-chip.-heres-how-it-works/.
`
`As is shown in the figure above, the EFI Driver Dispatcher of the
`transmitter sub-system (outlined in red) transmits a secure access
`signal to the Boot Manager of the receiver sub-system (outlined in
`green). In the figure below, the transmission is from the T2 Chip to
`the Mac Application Processor via the Enhanced Serial Peripheral
`Interface (“eSPI”) bus:
`
`
`
`
`
`
`
`
`
`
`
`
`Apple T2 Security Chip Security Overview (Oct. 2018) at 8.
`The T2 Secure Enclave coprocessor is configured to:
`
`Register a fingerprint for Apple Touch ID by the user tapping a
`finger several times on the home button to record the fingerprint
`data. https://video.search.yahoo.com/yhs/search?fr=yhs-pty-pty_
`converter&hsimp=yhs-pty_converter&hspart=pty&p=registering+
`fingerprint+apple+touch+id+on+screen+instructions#id=1&vid=
`
`5
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`March 19, 2020
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`map said series into an
`instruction; and
`
`populate the database according
`to the instruction,
`
`156de65ae06ca453643009fc0ea9cf79&action=click. The user’s
`finger must remain on the home button long enough for the data to
`be recorded.
`Registered fingerprint data is stored as mathematical
`representations. https://support.apple.com/en-us/HT204587. The
`values are mapped into instructions allowing for a comparison with
`fingerprints read when unlocking the device. Id.
`An Apple Touch ID device contains a database with up to five
`registered fingerprints. https://support.apple.com/en-us/HT201371.
`
`The controlled item is the locked operating system of the Apple
`device.
`
`wherein the controlled item is
`one of: a locking mechanism of a
`physical access structure or an
`electronic lock on an electronic
`computing device.
`
`While the foregoing analysis is directed to fingerprint data, as claim 4 of the ‘705 Patent
`
`makes clear, the biometric sensor can also be responsive to “face patterns.” Thus, the foregoing
`analysis is also applicable to Apple’s facial recognition technology used to unlock more recent
`models of Apple’s devices.
`
`
`The ‘705 Patent is only one of the assets owner by Charter for which Apple requires a
`license. Another such asset is U.S. Patent No. 8,620,039 (“the ‘039 Patent”), which is attached
`hereto. The ‘039 Patent issued on December 31, 2013 from an application claiming priority to an
`Australian application filed on August 12, 2005. As a result of a patent term extension of 1,707
`days, the ‘039 Patent expires on April 15, 2031. The invention of the ‘039 Patent is directed to
`”security issues and, in particular, to security issues associated with use of card devices such as
`credit cards, smart cards, and wireless card-equivalents.” ‘039 Patent, col. 1, lines 14-17. The
`term “card,” as used in the ‘039 Patent, is synonymous with “card device,” and refers to a device
`containing “card information.” Id., col. 1, lines 21-24. The term “reader” includes a receiver that
`receives card data from the card device. Id., col. 1, lines 55-58.
`
`Claim 13 (originally claim 11) received a first office action allowance from the United
`States Patent and Trademark Office. Office Action (Feb. 26, 2013) at 3. The reason for allowance
`was that “[n]one of the prior art teaches or suggests defining a memory location in a local memory
`external to a card in dependence on information received from the card and when that memory is
`deemed to be unoccupied, storing a received biometric signature therein.” Id.
`
`There are two main components to the subject technology - Touch ID (discussed above),
`and the Apple Card, which is a Sachs-linked credit card. https://www.cnbc.com/2019/03/25/apple-
`unveils-new-credit-card-the-apple-card.html. The Apple Card is available through the Apple Wallet
`app on iPhone and makes use of Apple Pay. https://www.apple.com/newsroom/2019/03/introducing-
`apple-card-a-new-kind-of-credit-card-created-by-apple/.
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`The following chart shows how claim 13 of the ‘039 Patent reads on the Apple Card used in
`
`conjunction with Touch ID biometric security:
`
`
`‘039 Patent
`13. A biometric card pointer
`enrolment system comprising:
`
`a card device reader for
`receiving card information;
`
`a biometric reader for receiving
`the biometric signature;
`
`means2 for defining, dependent
`upon the received card
`information, a memory location
`in a local memory external to
`the card;
`
`Apple Card
`Apple’s CPU processor encryption includes a pointer to a
`memory location at which the data to be encrypted is stored.
`U.S. Patent Appl. No. 2014/0089682
`(“the
`‘682
`Application”), ¶ [0083]. Apple Card is a Sachs-linked credit
`card. https://www.cnbc.com/2019/03/25/apple-unveils-new-
`credit-card-the-apple-card.html.
`Apple’s Secure Enclave is a separate, isolated processor built
`into the device’s main system-on-a-chip with a separate
`processor and area of memory. https://www.howtogeek.com/
`387934/your-smartphone-has-a-special-security-chip.-
`heres-how-it-works/. “Your fingerprint data is encrypted,
`stored on device, and protected with a key available only to the
`Secure
`Enclave.”
`
`https://support.apple.com/en-us/
`HT204587. Utilizing Touch ID, the Apple Card uses a
`“unique security and privacy architecture,” i.e., the Secure
`Enclave receives information from the Apple Card to pair
`with stored fingerprint data. https://www.creditcardinsider.
`com/credit-cards/goldman-sachs/apple-card/.
`The Home Button on the Apple iPhone receives fingerprint
`data to enroll a fingerprint. https://support.apple.com/en-
`us/HT201371#setup.
`Apple’s Secure Enclave is a separate, isolated processor built
`into the device’s main system-on-a-chip with a separate
`processor and area of memory. https://www.howtogeek.com/
`387934/your-smartphone-has-a-special-security-chip.-
`heres-how-it-works/. Apple Card is built into the Apple Wallet
`app on iPhone, i.e., the Secure Enclave memory is external to the
`Apple Card. See https://www.apple.com/newsroom/2019/03/
`introducing-apple-card-a-new-kind-of-credit-card-created-
`by-apple/.
`
`
`
`2 The “means” described in the ‘039 Patent specification for performing the claimed function is
`computer code. ‘039 Patent, col. 2, lines 18-19, col. 4, lines 62-67 & col. 5, lines 21-23.
`
`
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`The address locations of an Apple security enclave are
`depicted below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`‘682 Application, ¶ [0018] & Fig. 7.
`Up to five fingerprints can be registered for Apple Touch ID.
`https://support.apple.com/en-us/HT201371.
` Deleting a
`stored fingerprint requires user action, i.e., stored fingerprints
`are not over-written by new fingerprints once the five
`fingerprint maximum has ben reached. Id. The foregoing
`evidences that each registered fingerprint is stored in a
`separate memory
`location
`that must be empty
`to
`accommodate such storage, which requires determining that
`a memory address is unoccupied.
`
`“Your fingerprint data is encrypted, stored on device, and
`protected with a key available only to the Secure Enclave.”
`https://support.apple.com/en-us/HT204587. New fingerprint
`data is enrolled via Touch ID for comparison against
`fingerprint data subsequently acquired by the Touch ID
`sensor. iOS Security (Sept. 2014) at 7. Each stored
`fingerprint is identified to a user in a list presented in the
`interface, evidencing fingerprint storage:
`
`
`means for determining if the
`defined memory location is
`unoccupied; and
`
`means for storing, if the
`memory location is unoccupied,
`the biometric signature at the
`defined memory location.
`
`
`
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`Again, while the foregoing is directed to a fingerprint as the biometric signature, the ‘039
`
`Patent teaches that the biometric signature can be a “face.” ‘039 Patent, col. 7, lines 45-47. Thus,
`to the extent Apple incorporates facial recognition as the mechanism for accessing the Apple Card,
`such access would be covered by claim 13 of the ‘039 Patent as well.
`
`I have attached hereto a list of patent assets owned by Charter and available for licensing.
`
`I would appreciate the chance to discuss this matter with you further, and propose a telephone
`conference on April 1, 2020 at 10:00 your time. If there is another date and time that would be
`more convenient for you, please let me know. If you refer this matter to another individual, please
`provide me the contact information for that individual.
`
`
`
`
`
`
`cc:
`
`
`Kevin Dart (w/out attachments)
`
`Attachments
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`March 19, 2020
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`Very truly yours,
`
`/s/ George C. Summerfield
`George C. Summerfield
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