Complaintforsmartphonelawsuitnokiaapplemicounitysamrtphonetech 100421140543 Phpapp01

Case 2:10-cv-00091 Document
Filed 03116110 Page 1 of 38
IN THE UNITED STATES DISTzuCT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSI{ALL DTVISION
MICROUNITY SYSTEMS ENGINEERING, INC., a California corporation,
$ $ $
v.$
Plaintiff,
CivilActionNo.
10-91
(1) ACER INC., a Republic of China
(2) ACER AMERICA CORPORATION, a $ Califomia corporation, (3) APPLE, INC., $ corporation, (4) AT&T INC., a a California $ Delaware corporation, (5) AT&T MOBILITY $ LLC,aDelaware limited liability company, $ (6) CELLCO PARTNERSHIP, aDelaware $ parbrership, (7) GDEA, INC., a Texas $ corporation, (8) GOOGLE INC., aDelaware $ corporation, (9) HTC CORPORATION, a Republic $ of China corporation, (10) HTC AMERICA' INC., $ a Texas corporatior (11) LG Electronics, Inc., a $ (Lz)LcElectronics $ Koreanlimitedcompany, Mobilecornm U.S.A.,Inc., a Califomia corporation, $ (13) MOTOROLA,INC., aDelaware corporatior $ (14) NOKIA CORPORATION a Finnish $ corporation, (15) NOKIA INC., a Delaware $ corporation, (16) PALM, INC., a Delaware $ corporation, (17) QUALCOMM INC., aDelaware $ corporation, ( 1 8) SAMSI-ING ELECTRONICS CO., $ LTD., aKorean limited company, (19) SAMSUNG, $ SEMICONDUCTOR INC., a California $ corporation, (20) SAMSUNG $
corporation,
JURY
TELECOMMIINICATIONSAMERICA,LLC,
aDelaware limited liability company, (21) SPRINT NEXTEL CORPORATION, aKansas corporation, QT)TEXAS INSTRUMENTS INC., a Delaware corporation, Defendants.
$ $ $
$
COMPLAINT FOR PATENT I'FRINGEMENT

PlaintitrMicroUnity Systems Engineering, Inc., for its complaint against Defendants Acer,
Inc., Acer America Corporation, Apple, Inc., AT&T Inc., AT&T Mobility LLC, Cetlco Parbrership,
Exede4 Inc., Google Inc., HTC Corporation, HTC America, Inc., LG Elecfronics, lnc., LG
1019509v1/07503-01
1876
Filed 03/16/10 Page 2 of 38
Electronics Mobilecomm U.S.A., Inc., Motorola, Inc., Nokia Corporation, Nokia Inc., Palm, Inc.,
Qualcomm Inc., Samsung Electronics Co., LTD., Samsung Semiconductor, Inc', Samsung
Telecommunications Americ4 LLC, SprintNextel Corporation, and Texas Instruments Inc., alleges:
TIIE PARTIES
1.
MicroUnity Systems Engineering, Inc. ('MicroUnity")
is a corporation duly
organrzed and existing under the laws of the State
of Califomia, with its principal place of business
at376 Martin Avenue, Santa Clara, CA 95050.
2.
MicroUnity is informed and believes, and on that basis alleges, that Defendant
Texas Instruments Inc.
('TI")
is a corporation duly organized and existing under the laws of the state
has
of Delaware, with its principal place of business at 12500 TI Blvd., Dallas, TX 75226; that TI
developed, manufactures, and sells its OMAP3 series of processors to the suppliers of cell phones and other products; that TI has announced that
it is developing its OMAP4 series of processors; that
OMAP3 and OMAP4 processors are designed, used, offered for sale and sold in this disict; and that
products implementing such processors are designed, used, offered for sale and sold in this district
and throughout the United States and imported into the United States.
3.
the laws of the Qualcomm, Inc. ('Qualcomm") is a corporation duly organized and existing under
state
of Delaware, with its principat place of business at 5775 Morehouse Drive, San Diego, CA
9212I; that Qualcomm has developed, manufactures, and sells its Snapdragon series of processors, including but not limited to its QSD8250 processors, to the suppliers of cell phones and other
products; and that products implementing such processors ate used, offered for sale and sold in this district and throughout the United States and imported into the United States.
4.
Samsung Elecfionics Co., Ltd. ("Samsung") is a public limited company duly organized attd existing
under the laws
of South Korea, with its principal place of business at#24 Nongseo-Dong, Kiheung-
Gu, Yongin-City, Kyungg-Do, Korea; that Defendant Samsung Semiconductor, Inc-, ("SSI") is a
wholly owned subsidiary of Samsung, and is a corporation duly organized and existing under the
laws of the state of Californi4 with its principal place of business at 3655 N.
l't
St', San Jose, CA

as
95134;that Sagsung and SSI have developed, manufacture, and sell processors such
the S5PCI00
to the suppliers of cell phones and other products; and that products implementing zuch processors
are used, offered
for sale and sold in this disict and throughout the United States and imported into
the United States.
5.
Motorola, Inc. ('Motorola") is a corporation duly organized and existing under the laws of the state of Delaware, with its principal place of business at 1303 E. Algonquin Rd., Schaumburg, IL 60196;
and that cell phones such as the Droid are manufactured by Motorola and are used, offered
for sale
and sold in this district and tluoughout the United States and imported into the United States by
Motorola.
6.
Nokia Corporation is a corporation duly organized and existing under the laws of Finland, with its principal place of business at Keilalahdentie2-4, Espoo, FI-02-150, Finland; and that Defendant Nokia Inc. is a wholly owned subsidiary of Nokia Corporation, and is a corporation duly organized
and existing under the laws of the state of Delaware, with its principal place of business at 6000 Connection Drive, Irving,
TX 75039. Nokia Corporation and Nokia Inc. are individually and
collectively referred to herein as '.{oki-" MicroUnity is informed ard believes, and on that basis
alleges, th cell phones such as the N900 are manufactured by Nokia and are used, offered for sale
and sold in this district and throughout the United States and imported into the United States by Nokia.
7.
Palm, Inc. ('Palm") is a corporation duty organized and existing under the laws of the state of
Delaware, with its principal place of business at 950 W. Maude Ave., Sruuryvale, CA 94085; and
that cell phones such as the Pre are manufactured by Palm and are used, offered for sale and sold in this district and throughout the United States and imported into the United States by Palm.
B.
Samsung Telecommunications America,
LLC, ("STA") is wholly owned by Samsung, and is
limited liability company duly organized and existing under the laws of the state of Delawe, with its principat place of business at 1301 East Lookout Drive, Richardson, Collin County, TX75082;
that Samsung and STA manufacture cell phones such as the Galry Spica GT-i5700 and OmniaHD
i89I0; and that such cell phones are used, offered for
sale and sold in this district and throughout the
united stas and imported into the united states by samsung and sTA.
g.
MicroUnity is informed and believes, and onthat basis alleges, that Defendant Acer
Inc. is a corporation duly organized and existing under the laws of the Republic of China (Taiwan), with its principal place of business at 8F, 88, Sec. 1, Hsin Tai \Mu Rd., Hsichih, Taipei Z2l,Tuwan,
ROC; and that Defendant Acer America Corporation is a wholly owned subsidiary of Acer Inc., and
is a corporation duly organized and existing under the laws of the state of California with
its
principal place of business at 333 W. San Carlos St., Ste. 1 500, San Jose, CA 951 1 0. Acer Inc. and Acer America Corporation are individually and collectively refened to herein as "Acer." MicroUnity
is informed and believes, and on that basis alleges, that cell phones such as the Liquid A1
and
and neoTouch are manufactured by Acer and are used, offered for sale and sold in this distict
throughout the United States and imported into the United States by Acer'
10.
MicroUnity is informed and believes, and on that basis alleges, that Defendant HTC
company Corporation, also known as High Tech Computer Corporation, is a public limited liability
dly organized and existing gnder the laws of the Republic of Chin4 with its principal place of
business at 23 Xnghua Rd., Taoyuan 330, Taiwan, Republic
of China; that Defendant HTC
America, Inc.
is a wholly owned subsidiary of HTC Corporation, tlrough an inrmediary
Texas, corporation, and is a corporation duly oryatized and existing under the laws of the state of
with its principal place of business at L3920 SE Eastgate Way, Suite 400, Bellevue, WA 98005; and that Exedea, Inc., is a wholly owned subsidiary of HTC Corporation, through an intermediary
of Texas, corporation, and is a corporation duty organized and existing under the laws of the state
with its principat place of business at 5950 Corporate Drive, Houston, Texas 77036. HTC
to herein as Corporation, HTC America, Inc. and Exedea are individually and collectively referred
..HTC,'
11.
of Google Inc. ("Google") is a corporation duly organized, and existing under the laws of the state
View, CA Delaware, with its principal place of business at 1600 Amphitheatre Pkwy', Mountain
that such cell 94043;that HTC manufactures and Google sells cell phones such as the Nexus One;
phones are used, oflered for sale and sold in this disict and throughout the United States and
One imported into the United States by Google and HTC; and that Google makes software for Nexus
and other cell phones that is used, offered for sale and sold in this
States and imported into ttre United States
distict
and ttfoughout the United
by Google.
lZ.
MicroUnity is informed and believes, and on that basis alleges, that Defendant LG
Electronics, Inc., is a public limited company duly organized and existing under the laws of South
Kore4 with its principal place of business at LG T\/in Towers, 20 Yeouido-dong, Yeoungdeuagpogu, Seoul, 750-7-2l,South Korea; and that Defendant LG Electonics Mobilecomm U.S.A., Inc. is a
wholly owned subsidiary of LG Electonics, Inc., and is a corporation duly organized and existing
under the laws of the state of California with its principal place of business at 10101 Old Grove Road, San Diego,
CAgZl3l. LG Electronics, Inc. and LG Electonics Mobilecomm U.S.A., Inc. are

as
individually and collectively referred to herein
"LG." MicroUnity
is informed.and believes, and
on that basis alleges, that LG manufactures and selis cell phones such as the eXpo and IQ; and that such cell phones are used, offered for sale and sold in this and imported into the United States by LG.
distict
and throughout the United States
13.
Apple, Inc. ('Apple') is a corporation duly organized and existing under the laws of the state of Califomia" with its principal place of business at 1 Infinite Loop, Cupertino, CA 95014; that Apple
manufactures and sells products such as the iPhone 3GS cell phone and iPod Touch 32 ar 64GB
(,ipod Touch 3G") and provides software for such products; and that such cell phones and other
products and software are used, offered for saie and sold in this district and throughout the United
States and imported into the United States by Apple.
14.
Cellco Partnership (Yerizon'), doing business as Verizon Wireless, is a general parbrership, duly
organized and existing under the laws of the state of Delaware, between Verizon Communications
Inc., a corporation duly organized and existing under the laws of the state of Delaware,
and
Vodafone Group plc, a public liability company duly organized and existing under the laws of the
United Kingdom, with Verizon's principal place of business at 1 Verizon Way, Basking Ridge, NJ
07920; that Verizon sells cell phones such as the Motorola Droid and Palm Pre and other products,
and services utilizing and softwae utilized by such products; and that such cell phones and other
products, services and software are used, offered for sale and sold in this district and tlrroughout the
United States and imported into the United States by Verizon.
15.
Sprint Nextel Corporation ("Sprint") is a corporation duly organized and existing under the laws
of
the state of Kansas, with its princtpal place of business at 6500 Sprint Pkwy., Overland Park, KS 6625I; that Sprint sells cell phones and other products such as the Palm Pre, and services utilizing
and software utilized by such products; and that such cell phones and other products, services and
software are used, offered for sale and sold in this distict and throughout the United States and imported into the United States by Sprint.
16.
and existing under the laws of the state of Delaware, with
AT&T Inc. is a corporation duly organized
its principal place of business at 208 S Akard St., Dallas, TX 75201; and that Defendant AT&T
Mobil LLC
is wholly owned by AT&T Inc., and is a limited tiability company duly organirndat
existing under the laws of the state of Delaware, with its principal place of business at 5565
Glenridge Connector, Atlant4 GA30342.
AT&T Inc. and AT&T Mobility LLC
are
individually and
collectively refened to herein as "AT&T." MicroUnity is informed and believes, and on that basis
alleges, that
AT&T
sells cell phones and other products such as the
LG eXpo and IQ and Apple
iPhone 3GS, and services utilizing and software utilized by such products; and that such cell phones
and other products, services and software ate used, offlered for sale and sold in this dishict and
throughout the United States and imported into ttre United States by AT&T.
JI]RISDICTION AI\D VENTIE
17.
The Court has subject matter jwisdiction pursuant to 28 U.S.C. $$ 1331 and
1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. $$
et seq.
Venue is proper in this Federal District pursuant to 28 U.S.C. $$ 1391(b)-(c) and 1400(b) in that the
defendants reside in this disftict, a substantial part of the events giving rise to the claim occurred in
this dishict, and the defendants have a regular and established place of business in this district and
have committed acts of infringement inthis district.
18.
actions,
120;
This case is related to, and involves some of the same patents involved in prior
Micro(lnity Systems Engneering, Inc. v. Intel Corporation and Dell, Inc.,C.A.No' 2-04CV-
MicroUnity Systems Engineering, Inc. v. Sony Computer Entertainment America Inc., C.A. No.
2-05CV-505; MitoUnity Systems Engineering, Inc. v. Advanced Micro Devices, Inc., C.A'. No. 206CV-486, all of which were filed in the United States Distict Court for the Eastem Distict of
Texas, Marshall Division.
INFRTNGEMENT OF U.S. PATENT NO.5,737,547
Cl
19.
On April 7, 1998, United States Patent No. 5,737,5 47 (the"'547 patenf') was duly
and legally issued for an invention entitled "system for Placing Entries
of an Outstanding Processor
Request into a Free Pool After the Request Is Accepted
by a Correqponding Peripheral Device."
MicroUnity was assigned the '547 patent and continues to hold all rights and interest tn lhe '547
patent. A true and correct copy of the '547 pa,rrt.is attached hereto as Exhibit A.
20.
Tlrrc'547 patent has been the subject of a reexamination proceeding, reexamination
request number 90/008,23fl
in which the patentability of claims 10-16, 19 and 20 is

17
confirmed,
claims
4-7 ,
18 and 2l-25 are determined to be patentable as amended, claims 8, 9,
, 26 ar 27 arc
dependent on an amended claim and are determined to be patentable, claims 28-48 have been added
and ae determined to be patentable, and claims 1-3 are canceled.

Certificate 5,737,547 C1 is attached hereto as Exhibit B.
copy of Reexamination
Zl.
TI and Qualcomm have infringed and continue to infringe one or more of the
claims of the '547 patent by their manufacture, use, sale, importation, and/or offer to sell their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series processors and
infringement of the'547 Qualcomm's Snapdragon processors. TI and Qualcomm are liable for their
patent pursuant to 35 U.S.C . 27L.
22,
Motorol4 Nokia, Palm, samsung, sTA, Acer, HTC, Google and LG
have
infringed and continue to infringe one or more of the claims of the '547 patentby their manufacture,
use, sale, importation, and/or offer to sell their infringing cell phones and other products, including
but not limited to the Motorola Droid, NokiaN900, Palm Pre, Samsrurg Galaxy Spica GT-i5700 and
OmniaHD i8910, Acer Liquid A1 and neoTouch, Google/tlTC Nexus One, and LG eXpo and IQ.
Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google and LG are liable for their infringement
ofthe'547 patentpursuantto 35 U.S.C. 271'
23.
Verizon, AT&T and Sprint have infringed and continue to infringe one or more of
the claims of the '547 patentby their use, sa1e, importration, and/or offer to sell infringing cell phones and other products. Verizon,
pursuant to 35 U.S.C . 5 271.
AT&T
and Sprint are liable for their infringement of the '547 patent
24.
TI, Qualcomm, Motorolq Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG
Verizon, AT&T and Sprint's acts
of
infringement have caused darnage
to MicroUnity,
and
MicroUnity is entitled to recover from TI, Qualcomm, Motorol4 Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG Verizon, AT&T and Sprint the darnages sustained by MicroUnity as a result of their wrongful acts in an amount subject to proof at trial. TI, Qualcomm, Motorola, Nokia, Palm,
Filed
03/16/10 Page 10 of 38
Samsung, STA, Acer, HTC, Google, LG Verizon,
AT&T and Sprint's infringement of MicroUnity's
exclusive rights under the'547 patent
will
continue to damage MicroUnity, causing irreparable harm
for which there is no adequate remedy at law, unless e4joined by this Court.
25.
MicroUnity is informed and believes, and on that basis alleges, that TI, Samsung
and Motorola have had communications and contact with Microunity and are fully aware of MicroUnity's technology and patent portfolio including the'547 patent; that TI, Samsung and
Motorola have proceeded to infringe the'547 patent vvith full and complete knowledge of the patent
and its applicability to their products without any attempt to take a license under the'547 patent and
without a good faith belief thaf the'547 patent is invalid or not infringed, and thus TI, Samsung and
Motorola's infringement
of the '547
pafent
is willful and deliberate, entitling MicroUnity
to
increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incurred in prosecuting this
action under 35 U.S.C. $ 2S5. MicroUnity reserves the right to allege, after discovery, that the
remaining defendants' infringement of the '547 patentis willful and deliberate, entitling MicroUnity
to increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incurred in prosecuting
this action under 35 U.S.C. $ 285.
INFRINGEMENT OF U.S. PATENT NO. 5,742,840
26.
On
April 2I,lgg8, United
States Patent No. 5,742,840 (the
"'840 patent") was duly
and legally issued for an invention entitled "General Purpose, Multiple Precision Parallel Operation, Programmable Media Processor." MicroUnity was assigned the '840 patent and continues to hold all
rights and interest in the '840 patent. A true and corect copy of the '840 patent is attached hereto
as
Exhibit C.
27.
The '840 patent has been the subject of a reexamination proceeding, reexamination
request number 901007,583,
in which the patentability of cLaim 11 is confirmed, claim 1 is

10
Filed 03/16/10 Page 11 of 38
determined to be patentable as amended, claims 2-6,8 and 9 are dependent on an amended claim and
are determined to be patentable, and claims
7 and 10 are canceled. A
notice of intent to issue a
reexamination certificate has been issued by the Patent Office, and receipt of the reexamination
cefftcate is pending.
28.
TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or
more of the claims of the '840 patent by their manufacre, use, sale, importation, and/or offler to sell
their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series processors,
Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon processors.
TI,
Samsung,
SSI and Qualcomm are liable for their infringement of the '840 patent pursuant to 35 U.S.C. 271.
29.
Motorol4 Noki4 Palm, Samsung, STA, Acer, HTC, Google, LG and Apple have
infringed and continue to infringe one or more of the claims of the '840 patent by their manufacture,
but not limited to the Motorola Droid, NokiaN900, Palm Pre, Samsung Galaxy Spica GT-i5700 and
OmniaHD i8910, Acer Liquid A1 and neoTouch, GoogleITC Nexus One, LG eXpo and IQ, and
Apple iPhone 3GS and iPod Touch
3G.
Motorola, Nokia, Palm, Samsung, STA, Acer, HTC,
Google, LG and Apple are liable for their infringement of the '840 patent pursuant to 35 U.S.C.
527r.
30.
the claims of the '840 patent by their use, salg importation, and/or offer to sell infringing cell phones
and other products. Verizon, AT&T and Sprint are liable for their infringement of the '840 patent pursuantto 35 U.S.C. 271.
31.
Defendants' acts
of
infringement have caused damage
to
MicroUnity, md
as
MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity
aresult of
11
Filed 03/16/10 Page 12 of 38
their wrongful acts in an amount subject to proof at

exclusive rights under the '840 patent
tial.
Defendants' infringement of MicroUnity's
will continue to darnage MicroUnity, causing irreparable harm
for which there is no adequate remedy at law, unless enjoined by this Court.
32.
MicroUnity is informed and believeso and on that basis alleges, that TI, Samsung
and Motorola have had communications and contact with Microunity and are fully aware of
MicroUnity's technology and patent portfolio including the '840 patent; that TI, Samsung and
Motorola have proceeded to infringe the '840 patent with full and complete knowledge of the patent
and its applicability to their products without any attempt to take a license under the '840 patent and
without a good faith belief that the '840 patent is invalid or not infringed, and thus TI, Samsung and
Motorola's iningement of the '840 patent is willflrl and deliberate, entitling MicroUnity to
increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this
action under 35 U.S.C.
285. MicroUnity reserves the right to allege, after discovery, that the willftt
and deliberate, entitling MicroUnity
remaining defendants' infringement of the '840 patent is
to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incured in prosecuting
rNT'RTNGEMENT OF U.S. PATENT NO.5,794,061
Cl
33.
OnAugust 11, 1998, United States PatentNo.5,794,061 (the "'061 patenf) was
duly and legally issued for an invention entitled "General Purpose, Multiple Precision Parallel
Operation, Prograrnmable Media Processor." MicroUnity was assigned the '061 patent and continues to hold all rights and interest in the '061 patent. A true and correct copy of the '061 patent is attached hereto as Exhibit D.
34.
The '061 patent has been the zubject of a reexamination proceeding, reexamination
request number 901007 ,563 , in which the patentability of claims 14, I 5
md
17 is confirmed, claim 16
12
Filed 03116110 Page 13 of 38
is determined to be patentable as amended, claims 31-47 have been added and are determined to be
patentable, and claims 1-13 and 18-30 are canceled. A copy of Reexamination Certificate 5,794,06I
Cl
is attached hereto as Exhibit E.
35.
more of the claims of the '061 patent by their manufacture, use, sale, importation, and/or offer to sell
Samsung and SSI's S5PC100 processos, and Quatcomm's Snapdragon processors.
TI,
Samsung,
SSI and Qualcomm are liable for their infringement of the '061 patent pursuant to 35 U.S.C . 271.
36.
Motorol4 Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG and Apple have
use, sale, importation, and/or offler to sell their infringing cell phones and other products, including
but not limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galaxy Spica GT-i5700 and
OmniaHD i8910, Acer Liquid
Al
and neoTouch, GoogleITC Nexus One,
LG eXpo and IQ, and

HTC,
3G. Motorol4 Nokia, Palm, Samsung, STA, Acer,
Google, LG and Appte ae liable for their infringement of the '061 patent pursuant to 35 U'S.C.
$ 271.
37.
phones the claims of the '061 patent by their use, sale, imporation, and./or offer to sell infringing cell
and other products. Verizon,

pursuant to 35 U.S.C . 5 271.
AT&T and Sprint are liable for their infringement of the '061 patent
38.
Defendants' acts
of
to MicroUnity, ffid
as a result

their wrongf,rl acts in an amount subject to proof at
of
trial. Defendants' infringement of MicroUnity's
13
Filed 03116110 Page 14 of 38
will continue to damage MicroUnity,
causing ineparable harm
for which there is no adequate remedy at law, unless enjoined by this Court'
39.
MicroUnity is informed and believes, and on that basis alleges, that TI, Samsung
and Motorola have had communications and contact with MicroUnity and are fully aware of
MicroUnity's technology and patent portfolio including the '061 patent; that TI, Samsung and
Motorola have proceeded to infringe the '061 patent with full and complete knowledge of the patent
and its
applicabil to their products without any attempt to take
a license under the '061 patent and
Motorola's infringement
of the '061 patent is willful and deliberate, entitling MicroUnity
to
increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incured in prosecuting this
action under 35 U.S.C. $ 285, MicroUnity reserves the right to allege, after discovery, that the
remaining defendants' infringement of the'061 patent is
willful
to increased damages urder 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting
this actionunder 35 U.S.C. $ 285.
INFRTNGEMENT OF U.S. PATENT NO. 5,812,799 Ct
40.
On September 2,1998, United States Patent No. 5,812,799 (the "'799 patent') was
duly and legally issued for an invention entitled'lrlon-Blocking Load Buffer and a Multiple-Priority
Memory System for Real-Time Multiprocessing." MicroUnity was assigned the '799 patent and
continues to hold all rights and interest is attached hereto as Exhibit F.
tnlhe'799 patent. A true and conect copy of the '799 parfi
41.
the'799 patent
has been the subject of a reexamination proceeding, reexamination
request number 901008,232,
in which the patentability of claims 1-34 is confirmed. A copy of Cl

is attached hereto as Exhibit G.
Reexamination Certificate 5,812,799
t4
Filed 03/1
6/10 Page 15 of 38
42.
Qualcomm has infringed and continues to infringe one or more of the claims of the
'799 patentby its manufacture, use, sale, importation, and/or offer to sell its processors, including but not limited to its Snapdragon processors, and by its knowingly contributing to and inducing others to
manufacture, use, sell, import, and/or offer to sell cell phones and other products that infringe one or
more of the claims of the '799 patent Qualcomm is liable for its infringement of the '799 patent
pursuant to 35 U.S.C. 271.
43.
Samsung,
STA, Acer, HTC, Google and LG have infnged and continue to
infringe one or more of the claims of the '799 patent by their manufacture, use, sale, importation, and/or offer to sell infringing cell phones and other products, including but not limited to the
Samsung Galaxy Spica GT-i5700, Acer Liquid A1 and neoTouch, GoogleITC Nexus One, and LG
eXpo and IQ, and by their knowingly contibuting to and inducing others to manufacture, use, sell, import and/or offer to sell products and services which practice processes that infringe one or more of
the claims of the '799 patent Samsung, STA, Acer, HTC, Google and LG are liable for their
infringement of the '799 patent pusuant to 35 U'S'C ' 27I.
44.
AT&T has infringed
and continues to infringe one or more of the claims of
the'799
patent by its use, sale, importatior and/or offer to sell infringing cell phones and other products
which infringe and which practice processes that infringe one or more of the claims of the '799
patent.
AT&T is liable for its infringement of the '799 parrtpursuant to 35 U.S.C . 5 27I.
45.
Qualcomm, Samsung, sTA, Acer, HTC, Google,
LG and AT&T's acts of is entitled to recover

from
infringement have caused darnage to MicroUnity, and Microunity
Qualcormr, Samsung, STA, Acer, HTC, Google, LG and AT&T the damages sustained by
MicroUnity as a result of their wrongful acts in an amount subject to proof at trial. Qualcomm,
Samsung, STA, Acer, HTC, Google, LG and
AT&T's infringement of MicroUnity's exclusive rights
15
Filed 03116110 Page 16 of 38
under the,799 paent will continue to damage MicroUnity, causing ineparable harm for which there
is no adequate remedy at law, unless enjoined by this Court.
46.
MicroUnity is informed and believes, and on that basis alleges, that Samsung has
and had communications and contact with MicroUnity and is frrlly aware of MicroUnity's technology
patent portfolio including the '799 patent; that Samsung has proceeded to infringe the '799 patent
with full and complete knowledge of the patent and its applicability to its products without
any
patent is attempt to take a license under the'799 patent and without a good faith belief that the '799
invalid or not infringed, and thus Samsung's infringement of the '799 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs
incurred in prosecuting this action under 35 U.S.C. $ 285. MicroUnity reserves the right to allege,
afrer discovery, that the remaining defendants' iningement of the '799 patent is willful and
fees deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attorney's
and costs incuned inprosecuting this action under 35 U.S.C. $ 285'
Ii\FRINGEMENT OF U.S. PATENT NO. 6,006'318 Cl
47.
On Decemb er 2\,1999, United States Patent No. 6,006,318
Cl
(the "'318 patenf)
was duly and legally issued for an invention entitled "General Purpose, Dynamic Partitioning,
programmable Media processor." MicroUnity was assigned the '318 patent and continues to hold all
rights and interest in the '3 18 patent. A true and correct copy of the '3 1 8 patent is attached hereto
as
ExhibitH.
48.
The '318 patent has been the subject of a reexamination proceeding, reexamination
11 request number 90/008,512, in whichthe patentability of claim 5 is con-firrned, claims 2-3,6-8 and
are determined to be patentable as amended, claims
4,9-10 and 12 are dependent on an amended
claim and are determined to be patentable, claims 17-19 have been added and are detennined to be
16
Filed 03116110 Page 17 of 38
patentable, and claims 1 and 13-16 are canceled. A copy of Reexamination Certificate 6,006,318 is atached hereto as Exhibit I.
Cl
49.
TI,
Samsung, SSI and Qualcomm have infringed and continue
to infringe one or
more of the claims of the '318 patent by their manufacture, use, sale, importation, and/or offer to sell
their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series processors'
Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon processors.
TI,
Samsung,
SSI and Qualcomm are liable for their infringement of the '318 patent pursuant to 35 U.S'C. 5271.
50.
Motorola, Noki4 Palm, samsung, sTA, Acer, HTC, Google, LG and Apple have
infringed and continue to infringe one or more of the claims of the '318 patent by their manufactwe,
but not limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galuy Spica GT-i5700 and
3G.
Motorola, Nokia, Palm, Samsung, STA, Acer, HTC,
Google, LG and Apple are liable for their infringement of the'318 patent pursuant to 35 U.S.C.
927t.
51.
Verizon, AT&T and Sprint have infringed and continue to ininge one or more of
the claims of the '318 patent by their use, sale, importation, and/or offer to sell infringing cell phones and other products. Verizon, pursuant to 35 U.S.C. 27L.
AT&T and Sprint are liable for their infringement of the '318 patent
52.
Defendants' acts
of
to MicroUnit},
and
as a result
of
their wrongful acts in an amount subject to proof at trial. Defendants' infringement of MicroUnity's
t7
Filed 03116110 Page 18 of 38
causing irreparable harm
53.
MicroUnity is infomred and believes, and on that basis alleges, that TI, Samsung
and Motorola have had communications and contact with MicroUnity and are frrlly aware of
MicroUnity's technology and patent portfolio including the '318 patent; that TI, Samsung
and
patent Motorola have proceeded to infringe the '318 patent vt'ith full and complete knowledge of the
patent and and its applicability to their products without any attempt to take a license under the '318
Motorola's infringement of the '318 patent is willful and deliberate, entitling MicroUnity to
prosecuting this increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incurred in the action under 35 U.S.C. $ 285. MicroUnity reserves the right to allege, after discovery, that
remaining defendants' infringement of the '318 patent is willful and deliberate, entitling MicroUnity
to increased damages under 35 U.S.C.

$ 284 and
to attomey's fees and costs incurred in prosecuting
rIFRINGEMENT OF U.S. PATENT NO. RE39'500 E
54.
On July 30,111z,United Sttes Patent No. 6,427,190 was duly and legally issued
for an invention entitled "Configurable Cache Altowing Cache-Type and Buffer-Type Access." On
February TI,2007,United States PatentNo. 6,427,190 was duly and legally reissued as United States Reissue patent No. RE39,500 E (the "500
patenf). MicroUnity
was assigned the '500 patent and
patent continues to hold alt rights and interest in the '500 patent. A true and conect copy of the '500 is attached hereto as Exhibit J.
55. TI and Qualcomm have infringed
and continue to infringe one or more of the
claims of the '500 patent by their manufactwe, use, sale, importation, and/or offer to sell their
l8
Filed 03116110 Page 19 of 38
processors, inctuding but not timited to TI's OMAP3 and OMAP4 series processors and Qualcomm's manufacture, Snapdragon processors, and by their knowingly contributing to and inducing others to
software which use, sell, import and/or offer to sell cell phones and other products and services and
patent. TI infringe and which practice processes that infringe one or more of the claims of the '500 U.S'C' and Qualcomm are liable for their infringement of the '500 patent prusuantto 35
527I.
56.
Motorola, Nokia, Palm, samsung, sTA, Acer, HTC, Google and LG have
use, sale, importation, and/or offer
to sell their cell phones and other products, including but not
and limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Gal<y Spica GT-i5700
and IQ, by Ornnial{D i8910, Acer Liquid A1 and neoTouch, Google/HTC Nexus One, and LG eXpo
providing software for use on such cell phones and other products, and by their knowingly
to sell products and contributing to and inducing others to manufacture, use, sell, import and-/or offer one or more of the services and software which infringe and which practice processes that infringe
and LG are claims of the '500 patent. Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google
g liable for their infringement of the '500 patent pwsuant to 35 U.S.C. 27L
57.
infringing cell phones the claims of the '500 patent by their use, sale, importation, and/or offer to setl
ininge one or and other products and software which ininge and which practice processes that
their more of the claims of the '500 patent, and by their knowingly contributing to and inducing
or more of the customers to purchase ard use services which practice processes that infringe one
claims of the ,500 patent. Verizon, AT&T and Sprint are liable for their infringement of the'500
patent ptrsuantto 35 U.S.C.
927I.
t9
Filed 03116110 Page 20 of 38
58.
TI, Qualcomm, Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google, LG,
Verizon, AT&T and Sprint's acts
of
to MicroUnitY,
and
MicroUnity is entitled to recover from TI, Qualcomm, Motorol4 Nokia, Patrn, Samsung, STA, Acer, HTC, Google, LG, Verizon, AT&T and Sprint the damages sustained by MicroUnity as a result of their wrongflrl acts in an amount subject to proof at ftial. TI, Qualcomm, Motorola, Nokia, Palm,
Samsung, STA, Acer, HTC, Google,
LG Verizon, AT&T will
and Sprint's infringement of MicroUnity's
continue to damage MicroUnity, causing inepable harm
for which there is no adequate remedy af law, unless enjoined by this Court.
59.
MicroUnity is informed and believes, and on that basis alleges, that TI and
Motorola have had communications and contact with MicroUnity and e fully aware of MicroUnity's technology and patent portfolio including United States Patent No. 6,427,190 from
which the '500 patent was reissued without change to many of the original claims; that TI and
Motorola have proceeded to infringe the '500 patent \vith full and complete knowledge of the patent
and its applicabil to their products without any attempt to take a license under the '500 patent and
without a good faith belief that the '500 patent is invalid or not infringed, and thus TI and Motorola's infringement of the '500 patent is willful and deliberate, entitling MicroUnity to increased damages
under 35 U.S.C. $ 284 and to attomey's fees and costs incuned in prosecuting this action under 35
U.S.C. $ 2S5. MicroUnity reserves the right to allege, after discovery, that the remaining defendants' infringement of the '500 patent is willful and deliberate, entitling MicroUnity to increased damages
under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under 35
u.s.c.
$ 285.
20
Filed 03116110 Page 21 of 38
TNFRTNGEMENT OF U.S. PATENT NO.6,725,356 C1
60.
On
April 20,2004, United
States Patent
No. 6,725,356 Ct (the "'356 patenf') was
duly and legally issued for an invention entitled "system with Wide Operand Architecture, and
Method." MicroUnity was assigned the '356 patent and continues to hold all rights and interest in the '356 patent. A true and correct copy of the '356 patent is attached hereto as Exhibit K.
6
1
The
'3
56 patent has been the subject of a reexamination proceeding, reexamination
request number 951000,100, in which the patentability of claims 30 and 44 is confirmed, claims 1, 2,
7, 8, 13, 15, 16, lg, 27-29, 31, 37, 39-43 and 45-48 are determined to be patentable
as amended,
claims 3-6,9-12,14,!7,20-26,32-35and3Saredependentonanamendedclaimandaredetermined to be patentable, claims 49-104 have been added and are detennined to be patentable, and claims 18
and 36 are canceled.
A copy of Reexamination Certifi
cae 6,725,356
Ct is attached
hereto as Exhibit
L.
62.
more of the claims of the '356 patentby their manufacture, use, sale, importation, and/or offer to sell
their processors, including but not limited to TI's OMAP3 and OMAP4 series processors, Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon processors, and by their knowingly contributing to and inducing others to manufacturs, use, sell, import and/or offer to sell cell phones
and other products and services which practice processes that infringe one or more of tlre claims
of
the '356 patent. TI, Samsung, SSI and Qualcomm are liable for their infringement of the '356 patent pursuantto 35 U.S.C. 271.
63.
Motorola, Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG and Apple have
infringed and continue to infnge one or more of the claims of the '356 patentby their manufacture, use, sale, importation, and/or offer to sell their cell phones and other products, including but not
limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galaxy Spica GT-i5700 and
21
Filed 03/16/1
Page 22 of 38
Al
and neoTouch, GoogleITC Nexus One, LG eXpo and IQ, and
Apple iphone 3GS, and by their knowingly contibuting to and inducing others to manufacture, use'
one or sell, import and/or offer to sell products and services which practice processes that infringe Google, more of the claims of the '356 patent. Motorol4 Nokia, Palm, Sarnsung, STA, Acer, HTC,
LG and Apple are liable for their infringement of the '356 patent pwsuant to 35 U.S.C . S 271-
64.
,356 patent by their use, sale, importation, and/or offer to sell cell phones and other the claims of the patent, and by products which practice processes that infringe one or more of the claims of the '356
which their knowingly contributing to and inducing their customers to purchase and use services practice processes that infringe one or more of the claims of the '356 patent' Verizon, AT&T and Sprint are liable for their infringement of the '356 patent pursuant to 35 U.S'C . 271-
65,
Defendants' acts
of
infringement have caused darnage
to MicroUnity, ffid
as a result
of
MicroUnity's their wrongfrrl acts in an amount subject to proof at trial. Defendants' infringement of
will continue to damage MicroUnity, causing irreparable harm
for which there is no adequate remedy af law, unless enjoined by this Court'
66.
MicroUnity is informed and believes, and on that basis alleges, ttrat
TI
and
Motorola have had communications and contact with Microunity and are fully aware of
MicroUnity's technology and patent portfolio including the '356 patent; that TI and Motorola have
proceeded
to infringe the '356 patent with full and complete knowledge of the patent and its
without applicability to their products without any attempt to take a license under the '356 patent and
a good faith belief that the '356 patent is invalid or not infnged, and thus TI and Motorola's
,356 patent is willful and deliberate, entitling MicroUnity to increased damages infringement of the
22
Filed 03116110 Page 23 of 38
under 35 under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action
U.S.C. $ 285. MicroUnity reserves the right to allege, after discovery, that the remaining defendants' infringement of the
,356 patent is
wi[fu]
and deliberate, entitling Microunity to increased damages
action under 35 under 35 U.S.C. $ 2g4 and to attomey's fees and costs incuned in prosecuting this
u.s.c.
$ 285.
INFRINGEMENT OF U.S. PATENT N0. 7,213'13182
67.
On May l,2007,United States Patent No. 7,213,131B2 (the "'131 patent") was
duly and legally issued for an invention entitled "Programmable Processor and Method for
partitioned Group Element Selection Operation." MicroUnity was assigned the '131 patent and
continues to hold all rights and interest in the
is attached hereto as Exhibit M.
' 13 1
patent. A tue and correct copy of the '131 patent
68.
TI, Samsung, SSI and Qualcomm have infringed and
contin-ue to infringe one or
offer to sell more of the claims of the '131 patent by their manufacture, use, sale, importation, and/or
processors' their infringing processors, including but not limited to TI's OMAP3 and OMAP4 series
processors, and by Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon
to sell knowingty contributing to and inducing others to manufacture, use, sell, import, and/or offer
patent. TI, cell phones and other products that infringe one or more of the claims of the '131
Samsung, SSI and Qualcomm are liable for their infringement
of the '131 patent pursuant to
35
u.s.c. 527r.
69.
Motorola" Noki4 Palm, Samsung, sTA, Acer, HTC, Google, LG and Apple have
products, including but not use, sale, importation, and/or offer to sell infringing cell phones and other
limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galaxy Spica GT-i5700 and
23
Filed 03116110 Page 24 of 38
3G. Motorol4
Nokia" Palm, Sarnsung, STA, Acer, HTC,
Google, LG and Apple are liable for their infringement of
the'l3l
patent pwsuant
to 35 U.S.C.
s27t.
70.
the claims of the ' 1 3 1 patent by their use, sale, importation, and/or offer to sell infringing cell phones
and other products. Verizon,
AT&T and Sprint are liable for their infringement of the '131
patent
pursuantto 35 U.S.C. $ 271.
71.
Defendants' acts
of
to MicroUnity, md
as a result

their wrongful acts in an amount subject to proof at exclusive rights under the '131 patent
of
tial.

72.
MicroUnity is informed and believes, and on that basis alleges, that TI has had
communications and contact with MicroUnity and is fully aware of MicroUnity's technology and
patent portfolio including the '131 patent; that
TI has proceeded to infringe the 'l3l patent'with
fifl
and complete knowledge of the patent and its applicability to its products without any attempt to take
a license under the
'l3l
patent and without a good faith belief that the '131 patent is invalid or not
infringed, and thus TI's infringement of the '131 patent is willful and deliberate, entitling MicroUnity
to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting
this action under 35 U.S.C. $ 285. MicroUnity reserves the right to allege, after discovery, that the
remaining defendants' infringement of the '131 patent is
willful
24
Filed 03/16/1
Page 25 of 38
in prosecuting to increased damages under 35 U.S.C. $ 284 and to attorney's fees and costs incurred
r
this actionunder 35 U'S.C. $ 285.
INT'RTNGEMENT OF U.S. PATENT NO.7,216'2L7 82
73.
patenf') was On May B, 2007, United States Patent No. 7,216,217 BZ (the "'217
with Group Floating-Point duly and legally issued for an invention entitled "Programmable Processor
to hold all rights and interest in Operations.,, MicroUnity was assigne dthe'217 patent and continues
the,2l7 patent. A true and correct copy of the '217 patentis attached hereto as ExhibitN'
74.
inducing others to more of the claims of the '277 patent by knowingly conibuting to and
products that infringe one or manufactwe, use, sell, import, and/or offer to sell cell phones and other
processors' including but not limited to more of the claims of the '217 patent,by providing infringing
TI,s OMAp3 and OMAP4 series processors, Samsung and SSI's S5PC100
Qualcomm',s Snapdragon pfocessors.
processors, and
TI,
Samsung, SSI and Qualcomm are liable
for
their
infringement of the'217 patentpursuant to 35 U'S'C' 27 l'
75.
have Motorol4 Noki4 Palm, sarnsung, sTA, Acer, HTC, Google, LG and Apple
patentby their manufacture, infringed and continue to infringe one or more of the claims of the '217
other products, including but not use, sale, importation, and/or offer to sell infringing cell phones and
GT-i5700 and limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galq' Spica omniaHD igglg, Acer Liquid
Al
and neoTouct GooglelHTC Nexus One, LG eXpo and IQ, and
3G, Motorol4
Nokia" Palm, Samsung, STA' Acer' HTC'
patent pursuant to 35 U'S'C' Google, LG and Apple are liable for their infringement of the '217
s271.
25
Filed
03/16/10 Page 26 of 38
76.
phones the claims of the '217 patentby their use, sale, importation, and/or offer to sell infringing cell
and other products. Verizon, pursuant to 35 U.S.C . 271.
AT&T and Sprint are liable for their infringement of the '2I7 paten|
77.
Defendants' acts
of infringement
have caused damage
to
MicroUnity, ffid
as a result
of
their wrongful acts in an amount subject to proof at trial. Defendants' infringement of MicroUnity's
exclusive rights under the'2!7 patent
1lg.
MicroUnity reserves the right
to
allege, after discovery, that defendants'
,2!7 patentis willful and deliberate, entitling Microun to increased damages infringement of the
35 under 35 U.S.C. $ 284 and to attomey's fees and costs incuned in prosecuting this action under
u.s.c.
$ 285.
TNT',RINGEMENT OF U.S. PATENT NO.7,260,70882
79.
On August 21,2007, United States Patent No.7,260,708 B2 (the "'708 patenf')
was duly and legally issued for an invention entitled "Programmable Processor and Method for
partitioned Group Shift." MicroUnity was assigned the '708 patent and continues to hold all rights and interest in the '708 patent.
A true and correct copy of the '708 patent is
attached hereto as
Exhibit O.
80.
TI,
Samsung, SSI and Qualcomm have infringed and continue
to infringe one or
more of the claims of the '708 patent by their manufacture, use, sale, importation, andlor offer to sell
their processors, including but not limited to TI's OMAP3 and OMAP4 series processors, Samsung and SSI's S5PC100 processors, and Qualcomm's Snapdragon processors, and by their knowingly
26
Filed 03/16/10 Page 27 of 38
contributing to and inducing others
to manufacture, use, sel[, import
and/or offer to sell cell phones
infringe one or and other products and services which infringe and which practice processes that more
of the claims of the '708 patent. TI, Samsung, SSI
and Qualcomm are liable for their
infringement ofthe '708 patentpursuantto 35 U'S.C. 271'
81.
Motorola, Nokia, Palm, samsung, sTA, Acer, HTC, Google, LG and Apple have
by their manufacture, infringed and continue to infringe one or more of the claims of the '708 patent products, including but not use, sale, importation, and/or offer to sell their cell phones and other
and limited to the Motorola Droid, Nokia N900, PaIm Pre, Samsung Galaxy Spica GT-i5700
omniallD i8910, Acer Liquid A1 and neoTouch, GoogleITC Nexus One, LG eXpo and IQ,
and
inducing others to Apple iphone 3GS and ipod Touch 3G, and by their knowingly contributing to and
infringe and which manufactgre, use, sell, import and/or offer to sell products and services which
Nokia" Palm, practice processes that infringe one or more of the claims of the '708 patent. Motorola"
of the '708 samsung, sTA, Acer, HTC, Google, LG and Apple are liable for their infringement
patent pursuantto 35 U.S.C' 271.
g2.
of Verizon, AT&T and Sprint have infringed and continue to infringe one or more
infringing cell phones the claims of the '708 patent by their use, sale, importation, and/or offer to sell
one or more of the and other products which infringe and which practice processes that ininge .70g patent, and by their knowingly contibuting to and inducing their customers to claims of the claims of the purchase and use services which practice processes that infringe one or mole of the
.70g patent. Verizon,
AT&T and Sprint are liable for their infringement of the '708 patent pursuant
to 35 U.S.C. 27r.
g3.
Defendants' acts
of
to
MicroUnity, and
result of MicroUnity is entitled to recover from defendants the da:nages sustained by MicroUnity as a
27
Filed 03/16/10 Page 28 of 38
their wrongful acts in an amount subject to proof at tial. Defendants' infringement of MicroUnity's
for which there is no adequate remedy af law, ualess enjoined by this Court'
84.
to
.70g patent is willful and deliberate, entitling Microunity to increased damages infringement of the
35 under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under
u.s.c.
$ 28s.
TNFRINGEMENT OF U.S. PATENT NO. 7'353"367 B2
85.
On
April
1, 2008, United States Patent No. 7,353,3 67 B2 (the
*'367 patenf') was
o'system and Software for Catenated Gtoup Shift duly and legally issued for an invention entitled interest in Instruction." MicroUnity was assigned the'367 patent and continues to hold all rights and
the,367 patent. A true and correct copy of the '367 patentis attched hereto as Exhibit P.
86.
more of the clairns
of the '367
patent
by knowingly contributing to and inducing others
to
software that manufacture, use, sell, import, and/or ofer to sell cell phones and other products and
infringe one or more of the claims of the '367 paten.,by providing processors such
as
TI's OMAP3
and OMAp4 series processors, Samsung and SSI's S5PC100 processors, and Qualcomm's
of the '367 Snapdragon processors. TI, Samsung, SSI and Qualcomm are liable for their infringement
patent pursuant to 35 U.S.C . 5271.
87.
Motorol4 Noki4 PaIm, samsung, sTA, Acer, HTC, Google, LG and Apple have
infringed and continue to infringe one or more of the claims of the '367 patentby their manufacture,
products, including but not use, sale, importation, and/or offer to selt infringing cell phones and other
timited to the Motorola Droid, Nokia N900, Palm Pre, samsung Gataxy spica GT-i5700
and
Filed 03/16/10 Page 29 of 38
and IQ' and OmniaHD i8910, Acer Liquid A1 and neoTouch, GoogleITC Nexus One, LG eXpo
cell phones and Apple iphone 3GS and iPod Touch 3G, and by providing software for use on such
LG and Apple are other products. Motorol4 Nokia, Palm, Samsung, STA, Acer, HTC, Google,
liable for their infringement of the '367 patsntpursuant to 35 U.S.C. S27l-
gg.
the claims of the
of Verizor AT&T and Sprint have infringed and continue to infringe one or more
,367 patentby their use, sale, importation, and/or offer to sell infringing cell phones
and other products' and other products, and by providing software for use on such cell phones
pa+sntpursuant to 35 U'S'C' Verizon, AT&T and Sprint are liable for their infringement of the '367
271.
g9.
Defendants, acts
of
to
MicroUnity, md
as a result
Microunity is entitled to recover from defendants the damages sustained by Microunity
of
infringement of MicroUnity's their wrongful acts in an amount subject to proof at hial. Defendants'
exclusive rights under fhe'367 patent
will continue to damage Microunity,
90.
to
infringement of the
,367 patentis willful and deliberate, entitling Microunity to increased damages
prosecuting this action urder 35 under 35 U.S.C. $ 284 and to attorney's fees and costs incuned in
u.s.c.
$ 285.
INFRINGEMENT OF U.S. PATENT NO. 7'509"36682
gl.
patenf ') was On March Z4,Z}}g,United States Patent No. 7,509,3 66 B2 (the "'366
with Enhanced duly and legally issued for an invention entitled "Multiplier Anay Processing System
and continues to hold all Utilization at Lower precision." MicroUnity was assigued the '366 patent
29
Filed 03i16/10 Page 30 of 38
is attached hereto as ,ights and interest in the '366 patent. A true and conect copy of the '366 patenl
Exhibit Q.
92.
and/or offer to sell more of the claims of the '366 patentby their manufacture, use, sale, importation,
series processors' Samsung their processors, including but not limited to TI's OMAP3 and OMAP4
processors. Samsung and SSI have and SSI,s S5pC100 processors, and Qualcomm's Snapdragon
to and induce others to knowingly contributed to and induced and continue to knowingly conhibute
products and services which manufacture, use, sell, import and/or offer to sell cell phones and other
of the '366 patent' TI, infringe and which practice processes that infringe one or more of the claims
of the '366 patent pursuant to
35
u.s.c. 27r.
93.
Apple have Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google, LG and
patent by their manufacture, infringed and continue to infringe one or more of the claims of the '366 use, sale, importation, and/or offer
to sell their cell
phones and other products, including but not
spica GT-i5700 and limited to the Motorola Droid, Nokia N900, Palm Pre, samsung Galaxy
LG eXpo and IQ, and ornnial{D igglO, Acer Liquid A1 and neoTouch, Google/IITC Nexus one, Apple iPhone 3GS and iPod Touch
3G.
Apple has knowingly contributed to and induced and
use, sell, import and/or offer continues to knowingly contibute to and induce others to manufacture,
that infringe one or more of to sell products and services which infringe and which practice processes
Acer, HTC' Google' LG and the claims of the '366 patent Motorol4 Nokia' Palm, Samsung, STA, Appte are liable for their infringement of the '366 patent pursuant to 35 U'S'C ' 271'
94.
or more of Verizon, AT&T and Sprint have infringed and continue to infringe one
to sell infringing cell phones the claims of the '366 patentby their use, sale, importation, and/or offer
30
Filed 03116110 Page 31 of 38
and other products which infringe one or more of the claims of the '366pa'rrt.
AT&T
has knowingly
induce its customers' use contributed to and induced and continues to knowingly contribute to and
of
more of the claims of the services which infringe ad which practice processes that infringe one or
,366 patent Verizon, AT&T and Sprint are liable for their iningement of the '366 patent pwsuant
to 35 U.S.C. 27r.
95.
Defendants' acts
of
to MicroUnity, and
as
Microunity is entitled to recover om defendants the damages sustained by Microunity
aresult of
infringement of MicroUnity's their wrongfirl acts in an amount subject to proof at tial. Defendants'
will continue to damage MicroUnity, causing inepable harm
96.
to
infringement of the
,366 patentis willful and deliberate, entitling Microunity to increased damages
in prosecuting this action under 35 under 35 U.S.C. $ 284 and o attomey's fees and costs incured
u.s.c.
$ 285.
INFRTNGEMENT OF U.S. PATENT NO.7'653'806 B2
97.
patenf') On January 26,2010, United States Patent No. 7,653,806 BZ (the "'806
for Performing was duly and legally issued for an invention entitled "Method and Apparatus
patent and continues Improved Group Floating-Point Operations." MicroUnity was assigned the'806 of the '806 patent is attached to hold all rights and interest in the '806 patent. A true and correct copy hereto as ExhibitR.
9g.
and/or offer to sell more of the claims of the '806 patent by their manufacture, use, sale, importation,
series plocessors, their infringing processors, including but not limited to TI's OMAP3 and OMAP4
31
Filed 03116110 Page 32 of 38
Samsung and SSI's S5PC100 processors, rd Qualcomm's Snapdragon processors.
TI,
Samsung,
SSI and Qualcomm are liable for their infringement of the '806 patent pursuant to 35 U'S.C. 527I.
gg.
Motorol4 Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG and Apple have
but not limited to the Motorola Droid, NokiaN900, Palm Pre, Samsung Galaxy Spica GT-i5700 and
Al
and neoTouch, GoogleITC Nexus One, LG eXpo and IQ, and
3G. Motorol4 Nokia, PaIm,
Samsung, STA, Acer, HTC,
Google, LG and Apple are liable for their infringement of the '806 patent pursuant to 35 U.S.C.
s271.
100.
the claims of the '806 patent by their use, sale, importation, and/or offer to selI infringing cell phones
and other products. Verizon, AT&T and Sprint are liable for their infringement of the '806 patent
pursuant to 35 U.S.C. 271.
101.
Defendants' acts
of
to
MicroUnity, ffid
as a result

their wrongful acts in an amount subject to proof at
of
tial.
will
continue to damage MicroUnity, causing irreparable harm
102. MicroUnity
reserves
the right to allege, after discovery, that
defendants'
infringement of the '806 patent is willful and deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under 35
u.s.c.
$ 285.
32
Filed 03/16/10 Page 33 of 38
TNFRTNGEMENT OF U.S. PATENT NO. 7,660'97282
103.
*'972 patent") On February g, 2010, United States Patent No. 7,660,972 B2 (the
was duly and legally issued for an invention entitled "Method and Software for Partitioned Floating-
point Multiply-Add Operation." MicroUnity was assignedthe'972 patent and continues to hold all
rights and interest tnthe'972 patent. A true and correct copy of the '972 patent is attached hereto as
Exhibit
S.
104.
Samsung and SSI have infringed and continue to infringe one or more of the claims
of the ,972 patent by their manufacture, use, sale, importation, andlor offer to sell their processors,
including but not timited to their S5PC100 processors, and by knowingly contributing to and
products inducing others to manufacture, use, sell, import, and/or offer to sell cell phones and other more of the claims and services which practice processes and include software that infringe one or
the
of
,972 patent. Samsung and SSI are liable for their infringement of the '972 patent pursuant to 35
u.s.c. 27r.
105.
Apple has infringed and continues to infringe one or more of the claims of the'972
patent by its manufacture, use, sale, importation, and/or offer to sell infringing cell phones and other
products, inctuding but not limited to the Apple iPhone 3GS, which practice processes and include for use software that infringe one or more of the claims of the '972palent" and by providing software
on such cell phones and other products. Apple is liable for its infringement of the '972 patent
pursuant to 35 U.S.C.
27I.
and continues
106. AT&T has infringed
to infringe one or more of the claims of the
,972 patentby its use, sale, importation and/or offer to seli infringing cell phones and other products which practice processes and include software that infringe one or more of the claims of the '972
patent, by its knowingly contributing to and inducing its customers to purchase and use services providing which practice processes that infringe one or more of the claims of the '356 patent, and by
JJ
Filed 03/16/1
Page 34 of 38
software for use on such cell phones and other products.
AT&T is liable for is iningement of the
'gT2patentpursuantto 35 U.S.C. $ 271.
107.
Samsung, SSI, Apple and
AT&T's acts of infringement have caused
damage to
MicroUnity, and Microunity is entitled to recover from Samsung, SSI, Apple and AT&T the
damages sustained by MicroUnity as a result of their wrongful acts
in an amount subject to proof
at
trial.
,972
Samsung, SSI, Apple and

pafent
AT&T's infringement of MicroUnity's exclusive rights under
the
will continue to
damage MicroUnity, causing irreparable harm for which there is no
adequate remedy at law, unless enioined by this Court.
108.
MicroUnity reserves the right to allege, after discovery, that Samsung, SSI, Apple
and AT&T,s infringement
of the '972 patent is willful and deliberate, entitling MicroUnity
to
increased damages under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this
action under 35 U.S.C. $ 285'
TNFRTNGEMENT OF U.S. PATENT NO.7,660,97382
109.
On February g,2O1O, United States Patent No. 7,660,973 BZ (the "'973 patenf')
was duly and legally issued for an invention entitled "system and Apparatus for Group Data
Operations.', MicroUnity was
asse dthe'973 patent
and continues to hold all rights and interest in
the'973 patent. A true and conect copy of the '973 patentis attached hereto as Exhibit T.
110. TI, Samsung, SSI and Qualcomm
have infringed and continue to infringe one or
more of the claims of the '973 patentby their manufacture, use, sale, importation, and/or offer to sell
Samsung and SSI's S5PC|00 processors, and Quatcomm's Snapdragon processors, and by
knowingly contributing to and inducing others to manufacture, use, sell, import, and/or offer to sell
cell phones and other products th infringe one or more of the claims of the '973 patent. TI,
34
Filed 03116110 Page 35 of 38
of the '973 patenl pursuant to
35
u.s.c. s27r.
111.
Motorol4 Noki4 Palm, samsung, STA, Acer, HTC, Google, LG and Apple have
manufacture' infringed and continue to infringe one or more of the claims of the '973 pa''f.:rrtby their products, including but not use, sale, importation, and/or offer to sell infringing cell phones and other
GT-i5700 and limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galaxy Spica OmniaHD i8910, Acer Liquid
Al
and neoTouch, Google/HTC Nexus One, LG eXpo and
IQ'
and
Appte iPhone 3GS and iPod Touch
3G. Motorol4 Nokia, Palm, samsung, sTA,
Acer, HTC,
patent pwsuant to 35 U'S'C' Google, LG and Apple are liable for their in.fringement of the '973
271.
ll2.
Verizor AT&T and Sprint have infringed and continue to infringe one or more of
sell infringing cell phones the claims of the '973 patentby their use, sale, importation, and/or offer to
of the '973 patent and other products. Verizon, AT&T and Sprint are liable for their infringement
pursuantto 35 U.S.C. 271.
113.
Defendants' acts
of
to MicroUnity, and
as a result
of
of MicroUnity's their wrongflrl acts in an amount subject to proof at trial. Defendants' infringement
exclusive righa under the'973 patent
ll4.
to
infringement of the
,973 patentis willful and deliberate, entitling MicroUnity to increased damages
prosecuting this action under 35 under 35 U.S.C. $ 2g4 and to atomey's fees and costs incuned in
u.s.c.
$ 28s.
35
Filed 03/16/10 Page 36 of 38
JTIRY DEMAND
115.
MicroUnity demands
trial by jury on all issues.
PRAYER FOR RELIEF WHEREFORE, Plaintitr MicroUnity Systems Engineering, fnc., requests entry of
judgment in its favor and against defendants as follows:
a)
Declaration that defendants have infringed U.S. Patent Nos' 5,737,547 Ct,
5,742,840, 5,794,06!
Cl, 5,812,799 Cr,6,006,318 Cl, R839,500 E, 6,725,356 Cl, 7,213,13182,
7,2L6,2r7 Pjz, 7,260,708 82, 7,353,367 F,2,7,509,366 B,2, 7,653,806 B.2,7,660,972 B2 and
7,660,973B.2;
b)
Awarding the damages arising out of defendants' infringement of U.S. Patent Nos'
5,737,547 C7,5,742,840, 5,794,061 Cl, 5,812,799 Cl, 6,006,318 Cl, R839,500 8,6,725,356 Ct,
7,2I3,I3182,7,216,217 82,7,260,708P,2,7,353,367 B.2,7,509,36682,7,653,80682,7,660,972
B2
and 7,660,973
B2, including enhanced damages pursuant to 35 U.S.C.
$ 284,
to MicroUnity,
together with prejudgment and post-judgment interest, in an amount according to proof;
c)
Permanently enjoining defendants and their respective officers, agents, employees,
and those acting
in privity with them, from frirther infringement,

of U.S.
including contributory
infringement and/or inducing infringement,
Patent Nos. 5,737,547
CI, 5,742,840,
5,794,061 Cl,5,8l2,7gg C1,6,006,318 Cl, RE39,500F',6,725,356 Cl, 7,213,131B.2,7,216,217 82,7,260,708 82, 7,353,367 B2,7,509,36682,7,653,806B2,7,660,97282 and7,660,973B.2, or
in the alternative, a post-judgment royalty for post-judgment infringement;
d)
by law; and
An award of attorney's fees pursuant to 35 U.S.C. $ 285 or as otherwise permitted
e)
For such other costs and ftrther relief
as
the Court may deem just and proper.
DATED: March 16,2010
Filed 03116110 Page 37 of 38
Respectfully Submitted, /s/ Stephen D. Susman

Stephen D. Susman, Attomey-in-Charge State BarNo. 1952100 ssusman@susmangodfrey. com Max L. Tribble, Jr. State Bar No. 20213950
mibble@susmangodfr
ey.
com
Joseph S. Grinstein Stte BarNo.24002188

j
grinstein@susmangodfr ey. com
SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 7704? Telephone: (7 13) 651-9366 Facsimile: (713) 654-6666
Sidney Calvin Capshaw State BarNo. 03783900
ccap shaw@capshawlaw. com
CAPSIIAW DERTEI-TX, L.L.P. 1127 Judson Rd - Ste 220 PO Box 3999 Longview, TX 7 5601-5157
(903) 236-9800 Fax: (903) 236-8787 Otis W.
Caroll
State BarNo.00794219
nancy@icklaw.com IRELAND, CARROLL & KELLEY, P.C. 6101 South Broadway, Suite 500 Tyler, TX75703 Telephone: (903) 561-1600 Facsimile: (903) 58 1-1071 Michael F. Heim State BarNo. 09380923 mheim@hpcllp.com }DIM, PAYNE & CHORUSH, L.L.P. 600 Travis, Suite 6710 Houston, Texas 77002 Telephone: (7 13) 221 -2000 Facsimile: Q L3) 221-2021
37
Filed 03i 16/1
Page 38 of 38
Douglas R. Wilson
State BarNo.24037719 dwilson@hpcllp.com FGIM PAYNE & CHORUSH, L.L.P. 9 442 Capttal of Texas Hwy. PlazaI, Suite 500-146 Austin, Texas 78759 Tehone: (512) 3 43 -3 622 Facsimile: (512) 345 -2924
George M. Schwab State BarNo. 58250 (CA)

gschwab@ gmspatent. com
LAV/ OFFICES OF GEORGE M. SCHWAB

235 Montgomery St., Suite 1026
San Francisco,
CA 94104
1
Telephone: (41 5) 889-52
Attomeys for MICROUNITY SYSTEMS
ENGINEERING, TNC.
38
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION SMARTPHONE TECHNOLOGIES LLC., Plaintiff, v. (1) RESEARCH IN MOTION CORP. (2) RESEARCH IN MOTION LTD. (3) SAMSUNG ELECTRONICS CO. LTD. (4) SAMSUNG ELECTRONICS AMERICA, INC. (5) SAMSUNG TELECOMMUNIC ATIONS AMERICA, LLC. (6) SANYO ELECTRIC CO., LTD. (7) SANYO ELECTRONIC DEVICE (U.S.A.), INC. (8) LG ELECTRONICS, INC. (9) LG ELECTRONICS USA, INC. (10) MOTOROLA, INC. (11) APPLE, INC. (12) PANTECH WIRELESS, INC. (13) INSIGHT ENTERPRISES, INC. (14) AT&T INC. and (15) AT&T MOBILITY LLC. Defendants.
CIVIL ACTION NO. 6:10cv74
JURY TRIAL DEMANDED
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement in which plaintiff, SmartPhone Technologies LLC (SmartPhone), complains against defendants, Research In Motion Corporation (RIM), Research In Motion Ltd. (RIM Ltd.), Samsung Electronics Co. Ltd. (Samsung), Samsung Electronics America, Inc. (Samsung USA), Samsung
Telecommunications America LLC (Samsung Telecom), Sanyo Electric Co., Ltd. (Sanyo), Sanyo Electronic Device (U.S.A.), Inc. (Sanyo USA), LG Electronics, Inc. (LG), LG Electronics USA, Inc. (LG USA), Motorola, Inc. (Motorola), Apple, Inc. (Apple), Pantech Wireless, Inc. (Pantech), Insight Enterprises, Inc. (Insight), AT&T Inc. (AT&T) and AT&T Mobility LLC (AT&T Mobile) as follows: THE PARTIES 1. SmartPhone is a Texas limited liability company with its principal place of
business at 6136 Frisco Square Boulevard, Suite 400, Frisco, Texas 75034. 2. On information and belief, RIM is a Delaware corporation with a principal
place of business at 122 W. John Carpenter Parkway, Suite 430, Irving, Texas 75039 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. RIMs registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul Street, Dallas, Texas 75201. 3. On information and belief, RIM Ltd. is a Canadian corporation with a
principal place of business at 295 Phillip Street, Waterloo, Ontario N2L 3W8 Canada and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. RIM Ltd. may be served at its principal place of business at 295 Phillip Street, Waterloo, Ontario N2L 3W8 Canada by International Registered Mail. 4. Upon information and belief, Samsung is a Korean corporation with a
principal place of business at Samsung Main Building, 250 2-ka, Taepyuung-Ro, ChungKu, Seoul, Korea and does business in this judicial district by, among other things,
committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Samsung may be served in accordance with the terms of the Hague Convention at its principal place of business at Samsung Main Building, 250 2-ka, Taepyuung-Ro, Chung-Ku, Seoul, Korea. 5. On information and belief, Samsung USA is a New York corporation with
its principal place of business at 105 Challenger Road, Ridgefield Park, New Jersey 07660 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Samsung USAs registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul Street, Dallas, Texas 75201. 6. On information and belief, Samsung Telecom is a Delaware corporation
with its principal place of business at 1301 East Lookout Drive, Richardson, Texas 75082 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Samsungs registered agent for service of process in Texas is Corporation Service Company d/b/a CSC - Lawyers Inc., 211 E. 7th Street, Suite 620, Austin, Texas 78701. 7. On information and belief, Sanyo is a Japanese corporation with a
principal place of business at 2-5-5 Keihan-Hondori, Moriguchi-ku, Osaka 570-8677, Japan and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Sanyo may be served in accordance with the terms of the Hague Convention at its principal place of business at 2-5-5 Keihan-Hondori, Moriguchi-ku, Osaka 5708677, Japan.
8.
On information and belief, Sanyo USA is a Delaware corporation with its
principal place of business at 2600 Network Boulevard, 6th Floor, Frisco, Texas 75034 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. Sanyos registered agent for service of process in Texas is Prentice Hall Corporation, 701 Brazos Street, Suite 1050, Austin, Texas 78701. 9. Upon information and belief, LG is a Korean corporation with a principal
place of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150721, Korea and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. LG may be served in accordance with the terms of the Hague Convention at its principal place of business at LG Twin Towers 20, Yeouido-dong, Yeongdeunspo-gu, Seoul 150-721, Korea. 10. On information and belief, LG USA is a Delaware corporation with its
principal place of business at 1000 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. LG USAs registered agent for service of process in Texas is United States Corporation Co., 211 E. 7th Street, Suite 620, Austin, Texas 78701. 11. On information and belief, Motorola is a Delaware corporation with its
principal place of business at 1303 East Algonquin Road, Schaumberg, Illinois 60196 and does business in this judicial district at 5000 Legacy Drive, Suite 325, Plano, Texas 75024, and by, among other things, committing directly and/or indirectly the tort of
patent infringement giving rise to this complaint. Motorolas registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul Street, Dallas, Texas 75201. 12. On information and belief, Apple is a California corporation with its
principal place of business at 1 Infinite Loop, Cupertino, California 95014 and does business in this judicial district at 6121 West Park Boulevard, Plano, Texas 75093, and by, among other things, committing directly and/or indirectly the tort of patent infringement giving rise to this complaint. Apples registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul Street, Dallas, Texas 75201. 13. On information and belief, Pantech is a Georgia corporation with its
principal place of business at 5607 Glenridge Drive, Atlanta, Georgia 30342 and does business in this judicial district by, among other things, committing directly and/or indirectly the tort of patent infringement giving rise to this complaint. Pantechs registered agent for service of process is CT Corporation System, 111 Eighth Avenue, New York, New York 10011. Alternatively, Pantech may be served with process by serving the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute, Texas Civil Practice & Remedies Code 17.044 and asking the Secretary of State to serve Pantech at its principal place of business at 5607 Glenridge Drive, Atlanta, Georgia 30342 via Certified Mail -- Return Receipt Requested. 14. On information and belief Insight is a Delaware corporation with its
principal place of business at 6829 South Harl Avenue, Tempe, Arizona 85283 and does and does business in this judicial district at 3480 Lotus Drive, Plano, Texas 75075 and by, among other things, committing jointly, directly and/or indirectly the tort of patent
infringement giving rise to this complaint. Insights registered agent for service of process is National Registered Agents, Inc., 638 North Fifth Avenue, Phoenix, Arizona 85003. Alternatively, Insight may be served with process by serving the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute, Texas Civil Practice & Remedies Code 17.044 and asking the Secretary of State to serve Insight at its principal place of business at 6829 South Harl Avenue, Tempe, Arizona 85283 via Certified Mail -- Return Receipt Requested. 15. On information and belief, AT&T is a Delaware corporation with its
principal place of business at 208 South Akard Street, Dallas, Texas 75202 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. AT&Ts registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul St., Dallas, Texas 75201. 16. On information and belief, AT&T Mobile is a Delaware corporation with
its principal place of business at Glenridge Highlands Two, 5565 Glenridge Connector, Atlanta, Georgia 30342 and does business in this judicial district by, among other things, committing jointly, directly and/or indirectly the tort of patent infringement giving rise to this complaint. AT&T Mobiles registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul St., Dallas, Texas 75201. JURISDICTION AND VENUE 17. This action arises under the patent laws of the United States, Title 35 of
the United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).
18.
Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(c)
and 1400(b). On information and belief, each defendant has purposely transacted business in this judicial district and has committed acts of joint, direct and/or indirect infringement in this judicial district. 19. On information and belief, each defendant is subject to this Courts
specific and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to their substantial business in this forum, including: (A) at least part of their infringing activities alleged herein, and (B) regularly doing or soliciting business, engaging in others persistent causes of conduct, and/or deriving substantial revenue from goods and services provided to persons and other entities in Texas and this judicial district. COUNT I (INFRINGEMENT OF U.S. PATENT NO. 6,950,645) 20. SmartPhone is the exclusive licensee of United States patent number
6,950,645, entitled Power Conserving Intuitive Device Discovery Technique In A Bluetooth Environment (the 645 patent) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the 645 patent is attached as Exhibit A. 21. On information and belief, RIM and RIM Ltd. are jointly, directly and/or
indirectly infringing at least one claim of the 645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Curve 8520. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the 645 patent pursuant to 35 U.S.C. 271 and has thereby
caused damage and to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 22. On information and belief, Samsung, Samsung Telecom and Samsung
USA are jointly, directly and/or indirectly infringing at least one claim of the 645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the 645 patent pursuant to 35 U.S.C. 271 and has thereby caused damage and to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 23. On information and belief, LG USA and LG are jointly, directly and/or
indirectly infringing at least one claim of the 645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCITE smartphone. LG USA and LG are thereby jointly and severally liable for infringement of the 645 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until LG USA and LG are enjoined. 24. On information and belief, Motorola is directly and/or indirectly infringing
at least one claim of the 645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the
DROID smartphone. Motorola is thereby liable for infringement of the 645 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 25. On information and belief, Apple is directly and/or indirectly infringing at
least one claim of the 645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the 645 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 26. On information and belief, AT&T and AT&T Mobile are jointly, directly
and/or indirectly infringing at least one claim of the 645 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the 645 patent pursuant to 35 U.S.C. 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 27. To the extent that facts learned in discovery show that any of the
defendants acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial.
COUNT II (INFRINGEMENT OF U.S. PATENT NO. 7,076,275) 28. SmartPhone is the exclusive licensee of United States patent number
7,076,275, entitled Method And System For Single-Step Enablement Of Telephony Functionality For A Portable Computer System the 275 patent) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the 275 patent is attached as Exhibit B. 29. On information and belief, RIM and RIM Ltd. are jointly, directly and/or
indirectly infringing at least one claim of the 275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Curve 8520. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the 275 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 30. On information and belief, Samsung, Samsung Telecom and Samsung
USA are jointly, directly and/or indirectly infringing at least one claim of the 275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the 275 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined.
10
31.
On information and belief, LG USA and LG are jointly, directly and/or
indirectly infringing at least one claim of the 275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCITE smartphone. LG USA and LG are thereby jointly and severally liable for infringement of the 275 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until LG USA and LG are enjoined. 32. On information and belief, Motorola is directly and/or indirectly infringing
at least one claim of the 275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the DROID smartphone. Motorola is thereby liable for infringement of the 275 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 33. On information and belief, Apple is directly and/or indirectly infringing at
least one claim of the 275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the 275 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined.
11
34.
On information and belief, Pantech is directly and/or indirectly infringing
at least one claim of the 275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the MATRIX PRO smartphone. Pantech is thereby liable for infringement of the 275 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Pantech is enjoined. 35. On information and belief, AT&T and AT&T Mobile are jointly, directly
and/or indirectly infringing at least one claim of the 275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the 275 patent pursuant to 35 U.S.C. 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 36. To the extent that facts learned in discovery show that any of the
defendants acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT III (INFRINGEMENT OF U.S. PATENT NO. 5,742,905) 37. SmartPhone is the exclusive licensee of United States patent number
5,742,905, entitled Personal Communications Internetworking (the 905 patent) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the 905 patent is attached as Exhibit D.
12
38.
On information and belief, RIM and RIM Ltd. are jointly, directly and/or
indirectly infringing at least one claim of the 905 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the BOLD 9700 smartphone. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the 905 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 39. On information and belief, Samsung, Samsung Telecom and Samsung
USA are jointly, directly and/or indirectly infringing at least one claim of the 905 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II and INSTINCT smartphones. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the 905 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 40. On information and belief, Motorola is directly and/or indirectly infringing
at least one claim of the 905 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the CLIQ smartphone. Motorola is thereby liable for infringement of the 905 patent pursuant to 35
13
U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Motorola is enjoined. 41. To the extent that facts learned in discovery show that any of the
defendants acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT IV (INFRINGEMENT OF U.S. PATENT NO. 7,506,064) 42. SmartPhone is the exclusive licensee of United States patent number
7,506,064, entitled Handheld Computer System That Attempts To Establish An Alternative Network Link Upon Failing To Establish A Requested Network Link (the 064 patent) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the 064 patent is attached as Exhibit D. 43. On information and belief, RIM and RIM Ltd. are jointly, directly and/or
USA are jointly, directly and/or indirectly infringing at least one claim of the 064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized
14
communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the 064 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 45. On information and belief, Motorola is directly and/or indirectly infringing
least one claim of the 064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the 064 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 47. On information and belief, AT&T and AT&T Mobile are directly and/or
indirectly infringing at least one claim of the 064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including
15
without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the 064 patent pursuant to 35 U.S.C. 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 48. To the extent that facts learned in discovery show that any of the
defendants acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT V (INFRINGEMENT OF U.S. PATENT NO. 6,533,342) 49. SmartPhone is the exclusive licensee of United States patent number
6,533,342, entitled System And Method Of A Personal Computer Device Providing Telephone Capability the 342 patent) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the 342 patent is attached as Exhibit E. 50. On information and belief, RIM and RIM Ltd. are jointly, directly and/or
indirectly infringing at least one claim of the 342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the STORM smartphone. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the 342 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined. 51. On information and belief, Samsung, Samsung Telecom and Samsung
USA are jointly, directly and/or indirectly infringing at least one claim of the 342 patent
16
in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the 342 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 52. On information and belief, Sanyo and Sanyo USA are jointly, directly
and/or indirectly infringing at least one claim of the 342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCOGNITO smartphone. Sanyo and Sanyo USA are thereby jointly and severally liable for infringement of the 342 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Sanyo and Sanyo USA are enjoined. 53. On information and belief, LG USA and LG are jointly, directly and/or
indirectly infringing at least one claim of the 342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCITE smartphone. LG USA and LG are thereby jointly and severally liable for infringement of the 342 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until LG USA and LG are enjoined.
17
54.
On information and belief, Motorola is directly and/or indirectly infringing
least one claim of the 342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the 342 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 56. On information and belief, Pantech is directly and/or indirectly infringing
at least one claim of the 342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the MATRIX PRO smartphone. Pantech is thereby liable for infringement of the 342 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Pantech is enjoined. 57. On information and belief, AT&T and AT&T Mobile are directly and/or
indirectly infringing at least one claim of the 342 patent in this judicial district and
18
elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the 342 patent pursuant to 35 U.S.C. 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 58. To the extent that facts learned in discovery show that any of the
defendants acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT VI (INFRINGEMENT OF U.S. PATENT NO. 6,711,609) 59. SmartPhone is the exclusive licensee of United States patent number
6,711,609, entitled Method And Apparatus For Synchronizing An Email Client On A Portable Computer System With An Email Client On A Desktop Computer (the 609 patent) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the 609 patent is attached as Exhibit F. 60. On information and belief, RIM and RIM Ltd. are jointly, directly and/or
indirectly infringing at least one claim of the 609 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Blackberry Enterprise Server. RIM and RIM Ltd. are thereby jointly and severally liable for infringement of the 609 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until RIM and RIM Ltd. are enjoined.
19
61.
On information and belief, Apple is directly and/or indirectly infringing at
least one claim of the 609 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple MobileMe. Apple is thereby liable for infringement of the 609 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 62. On information and belief, Insight is directly and/or indirectly infringing
at least one claim of the 609 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Blackberry Exchange Server. Insight is thereby liable for infringement of the 609 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Insight is enjoined. 63. To the extent that facts learned in discovery show that any of the
defendants acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. COUNT VII (INFRINGEMENT OF U.S. PATENT NO. RE. 40,459) 64. SmartPhone is the exclusive licensee of United States reissue patent
number 40,459, entitled Method And Apparatus For Communicating Information Over Low Bandwidth Communications Networks (the 459 patent) with the right to sue and recover damages for the past and future infringement thereof. A true and correct copy of the 459 patent is attached as Exhibit G.
20
65.
On information and belief, RIM and RIM Ltd. are jointly, directly and/or
USA are jointly, directly and/or indirectly infringing at least one claim of the 459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the OMNIA II smartphone. Samsung, Samsung Telecom and Samsung USA are thereby jointly and severally liable for infringement of the 459 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Samsung, Samsung Telecom and Samsung USA are enjoined. 67. On information and belief, LG USA and LG are jointly, directly and/or
indirectly infringing at least one claim of the 459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the INCITE smartphone. LG USA and LG are thereby jointly and severally liable for infringement of the 459 patent pursuant to 35 U.S.C. 271 and has
21
thereby caused damage to SmartPhone, which infringement and damage will continue unless and until LG USA and LG are enjoined. 68. On information and belief, Motorola is directly and/or indirectly infringing
least one claim of the 459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the Apple iPhone. Apple is thereby liable for infringement of the 459 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 70. On information and belief, Pantech is directly and/or indirectly infringing
at least one claim of the 459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the MATRIX PRO smartphone. Pantech is thereby liable for infringement of the 459 patent pursuant to 35 U.S.C. 271 and has thereby caused damage to SmartPhone, which infringement and damage will continue unless and until Pantech is enjoined.
22
71.
On information and belief, AT&T and AT&T Mobile are directly and/or
indirectly infringing at least one claim of the 459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation the iPhone. AT&T and AT&T Mobile are thereby jointly and severally liable for infringement of the 459 patent pursuant to 35 U.S.C. 271 and have thereby caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and AT&T Mobile are enjoined. 72. To the extent that facts learned in discovery show that any of the
defendants acts of infringement is or has been willful, SmartPhone reserves the right to request such a finding at time of trial. PRAYER FOR RELIEF Wherefore, SmartPhone respectfully requests that this Court enter: A. A judgment in favor of SmartPhone that each defendant has infringed the
645, 275, 905, 064, 342 609 and 459 patents as aforesaid and that such infringement was willful; B. A permanent injunction enjoining each defendant, its officers, directors,
agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents and all others acting in active concert or privity therewith from direct, indirect and or joint infringement of the 645, 275, 905, 064, 342, 609 and 459 patents as aforesaid pursuant to 35 U.S.C. 283;
23
C.
A judgment and order requiring each defendant to pay SmartPhone its
damages, including enhanced damages, costs and expenses, together with pre- and postjudgment interest thereon pursuant to 35 U.S.C. 284; D. A judgment and order finding that this is an exceptional case and awarding
SmartPhone its reasonable attorneys fees pursuant to 35 U.S.C. 285, and E. entitled. DEMAND FOR JURY TRIAL SmartPhone requests a trial by jury on all issues so triable by right pursuant to Fed. R. Civ. P. 38. Respectfully submitted, SMARTPHONE TECHNOLOGIES LLC Date: March 3, 2010 By: T. John Ward, Jr. Texas State Bar. No. 00794818 J. Wesley Hill Texas State Bar. No. 24032294 WARD & SMITH LAW FIRM P.O. Box 1231 Longview, Texas 75601 Tel: (903) 757-6400 Fax: (903) 757-2323 Email: jw@jwfirm.com Email: wh@jwfirm.com Attorneys for Plaintiff SmartPhone Technologies, Inc. Any and all further relief to which the Court may deem SmartPhone
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Of counsel: Paul J. Hayes Dean G. Bostock MINTZ, LEVIN, COHN, FERRIS, GLOVSKY and POPEO, P.C. One Financial Center Boston, Massachusetts 02111 Tel: (617) 542-6000 Fax: (617) 542-2241
25

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Case 2:10-cv-00091 Document

Filed 03116110 Page 1 of 38

MICROUNITY SYSTEMS ENGINEERING, INC., a California corporation,

(1) ACER INC., a Republic of China

COMPLAINT FOR PATENT I'FRINGEMENT

Case 2:10-cv-00091 Document

Filed 03/16/10 Page 2 of 38

MicroUnity Systems Engineering, Inc. ('MicroUnity")

organrzed and existing under the laws of the State

of Califomia, with its principal place of business

at376 Martin Avenue, Santa Clara, CA 95050.

Texas Instruments Inc.

it is developing its OMAP4 series of processors; that

Case 2:10-cv-00091 Document

Filed 03/16/10 Page 3 of 38

under the laws

St', San Jose, CA

the United States.

TX 75039. Nokia Corporation and Nokia Inc. are individually and

Case 2:10-cv-00091 Document

Filed 03/16/10 Page 4 of 38

Samsung Telecommunications America,

LLC, ("STA") is wholly owned by Samsung, and is

sale and sold in this district and throughout the

Case 2:10-cv-00091 Document

Filed 03116110 Page 5 of 38

of China; that Defendant HTC

is a wholly owned subsidiary of HTC Corporation, tlrough an inrmediary

and ttfoughout the United

Case 2:10-cv-00091 Document

Filed 03116110 Page 6 of 38

CAgZl3l. LG Electronics, Inc. and LG Electonics Mobilecomm U.S.A., Inc. are

individually and collectively referred to herein

is informed.and believes, and

and throughout the United States

Case 2:10-cv-00091 Document

Filed 03116110 Page 7 of 38

United States and imported into the United States by Verizon.

AT&T Inc. is a corporation duly organized

AT&T Inc. and AT&T Mobility LLC

sells cell phones and other products such as the

LG eXpo and IQ and Apple

Case 2:10-cv-00091 Document

Filed 03/16/10 Page 8 of 38

JI]RISDICTION AI\D VENTIE

INFRTNGEMENT OF U.S. PATENT NO.5,737,547

Request into a Free Pool After the Request Is Accepted

by a Correqponding Peripheral Device."

Tlrrc'547 patent has been the subject of a reexamination proceeding, reexamination

request number 90/008,23fl

in which the patentability of claims 10-16, 19 and 20 is

18 and 2l-25 are determined to be patentable as amended, claims 8, 9,

Case 2:10-cv-00091 Document

Filed 03/16/10 Page 9 of 38

and ae determined to be patentable, and claims 1-3 are canceled.

Motorol4 Nokia, Palm, samsung, sTA, Acer, HTC, Google and LG

ofthe'547 patentpursuantto 35 U.S.C. 271'

Verizon, AT&T and Sprint's acts

infringement have caused darnage

Case 2:10-cv-00091 Document

Samsung, STA, Acer, HTC, Google, LG Verizon,

AT&T and Sprint's infringement of MicroUnity's