Complaint for Smartphone Lawsuit: Nokia Apple Micounity Samrtphone Technology

Case 2:10-cv-00091 Document 1 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, $
Plaintiff, $
v.$ CivilActionNo. 10-91
(1) ACER INC., a Republic of China corporation, $
(2) ACER AMERICA CORPORATION, a $
Califomia corporation, (3) APPLE, INC., $ JURY
a California corporation, (4) AT&T INC., a $
Delaware corporation, (5) AT&T MOBILITY $
LLC,aDelaware limited liability company, $
(6) CELLCO PARTNERSHIP, aDelaware $
parbrership, (7) ÐGDEA, 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 $
Koreanlimitedcompany, (Lz)LcElectronics $
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 $
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

Case 2:10-cv-00091 Document 1 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

of Delaware, with its principal place of business at 12500 TI Blvd., Dallas, TX 75226; that TI has

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 disúict; 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.


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.


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

95134;that Sagsung and SSI have developed, manufacture, and sell processors such as 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 disüict and throughout the United States and imported into

the United States.


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.


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 'Î.{okiâ-" MicroUnity is informed a¡rd believes, and on that basis

alleges, thæ 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.


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. MicroUnity is informed and believes, and on that basis alleges, that Defendant

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

limited liability company duly organized and existing under the laws of the state of Delawæe, 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 Galæry 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 staæs 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

4


neoTouch are manufactured by Acer and are used, offered for sale and sold in this distict
and

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

Corporation, also known as High Tech Computer Corporation, is a public limited liability
company

d¡ly 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 inærmediary
corporation, and is a corporation duly oryatized and existing under the laws of the state of
Texas,

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

corporation, and is a corporation duty organized and existing under the laws of the state
of Texas,

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. MicroUnity is informed and believes, and on that basis alleges, that Defendant

Google Inc. ("Google") is a corporation duly organized, and existing under the laws of the state
of

Delaware, with its principal place of business at 1600 Amphitheatre Pkwy', Mountain
View, CA

94043;that HTC manufactures and Google sells cell phones such as the Nexus One;
that such cell

phones are used, oflered for sale and sold in this disûict and throughout the United States and

imported into the United States by Google and HTC; and that Google makes software for Nexus
One

the United
and other cell phones that is used, offered for sale and sold in this distict and ttfoughout

States and imported into ttre United States 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, Yeoungdeuagpo-

gu, 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

individually and collectively referred to herein as "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 distict and throughout the United States

and imported into the United States by LG.


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 arñ 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.


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 softwa¡e 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.


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.


AT&T Inc. is a corporation duly organized and existing under the laws of the state of Delaware, with

its principal place of business at 208 S Akard St., Dallas, TX 75201; and that Defendant AT&T

Mobilþ LLC is wholly owned by AT&T Inc., and is a limited tiability company duly organirndatñ

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 AID 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. $$ I 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. This case is related to, and involves some of the same patents involved in prior

actions, Micro(lnity Systems Engìneering, Inc. v. Intel Corporation and Dell, Inc.,C.A.No' 2-04CV-

120; 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. 2-

06CV-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,ærrt.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 confirmed,

claims 4-7 , 18 and 2l-25 are determined to be patentable as amended, claims 8, 9, 17 , 26 arñ 27 arc

dependent on an amended claim and are determined to be patentable, claims 28-48 have been added


and a¡e determined to be patentable, and claims 1-3 are canceled. A copy of Reexamination

Certificate 5,737,547 C1 is attached hereto as Exhibit B.

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 . ç 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. ç271'

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, AT&T and Sprint are liable for their infringement of the '547 patent

pursuant to 35 U.S.C . 5 271.

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,

9


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


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

cefüftcate 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 manufacûre, 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. ç271.

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, GoogleÆITC 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.


the claims of the '840 patent by their use, salg importation, and/or offer to sell infringing cell phones


pursuantto 35 U.S.C. ç271.

31. Defendants' acts of infringement have caused damage to MicroUnity, md
MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity as aresult of

11


their wrongful acts in an amount subject to proof at tial. Defendants' infringement of MicroUnity's

exclusive rights under the '840 patent 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 inûingement 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

remaining defendants' infringement of the '840 patent is willftt and deliberate, entitling MicroUnity

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


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.


more of the claims of the '061 patent by their manufacture, use, sale, importation, and/or offer to sell


Samsung and SSI's S5PC100 processoïs, 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 . ç 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, GoogleÆITC Nexus One, LG eXpo and IQ, and

Apple iPhone 3GS and iPod Touch 3G. Motorol4 Nokia, Palm, Samsung, STA, Acer, HTC,

Google, LG and Appte a¡e liable for their infringement of the '061 patent pursuant to 35 U'S.C.

$ 271.


phones
the claims of the '061 patent by their use, sale, imporüation, and./or offer to sell infringing cell


pursuant to 35 U.S.C . 5 271.

38. Defendants' acts of infringement have caused damage to MicroUnity, ffid

MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity as a result of

their wrongf,rl acts in an amount subject to proof at trial. Defendants' infringement of MicroUnity's

13


exclusive rights under the '061 patent 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


Motorola have proceeded to infringe the '061 patent with full and complete knowledge of the patent

and its applicabilþ 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 and deliberate, entitling MicroUnity

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 tnlhe'799 patent. A true and conect copy of the '799 paræfi

is attached hereto as Exhibit F.

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

Reexamination Certificate 5,812,799 Cl is attached hereto as Exhibit G.

t4

Case 2:10-cv-00091 Document 1 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. ç271.

43. Samsung, STA, Acer, HTC, Google and LG have infünged 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, GoogleÆITC 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 ' ç 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 paßrrtpursuant to 35 U.S.C . 5 27I.

45. Qualcomm, Samsung, sTA, Acer, HTC, Google, LG and AT&T's acts of

infringement have caused darnage to MicroUnity, and Microunity is entitled to recover from

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


under the,799 paûent 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

had communications and contact with MicroUnity and is frrlly aware of MicroUnity's technology
and

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' inûingement of the '799 patent is willful and

deliberate, entitling MicroUnity to increased damages under 35 U.S.C. $ 284 and to attorney's
fees

and costs incuned inprosecuting this action under 35 U.S.C. $ 285'

IiFRINGEMENT 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

request number 90/008,512, in whichthe patentability of claim 5 is con-firrned, claims 2-3,6-8 and
11

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


patentable, and claims 1 and 13-16 are canceled. A copy of Reexamination Certificate 6,006,318 Cl

is atüached hereto as Exhibit I.


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


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'318 patent pursuant to 35 U.S.C.

927t.

51. Verizon, AT&T and Sprint have infringed and continue to inûinge one or more of

the claims of the '318 patent by their use, sale, importation, and/or offer to sell infringing cell phones


pursuant to 35 U.S.C. ç 27L.

52. Defendants' acts of infringement have caused damage to MicroUnit}, and


their wrongful acts in an amount subject to proof at trial. Defendants' infringement of MicroUnity's

t7


harm
exclusive rights under the '318 patent will continue to damage MicroUnity, causing irreparable


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


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

action under 35 U.S.C. $ 285. MicroUnity reserves the right to allege, after discovery, that
the

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


r¡IFRINGEMENT OF U.S. PATENT NO. RE39'500 E

54. On July 30,111z,United St¿tes 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


processors, inctuding but not timited to TI's OMAP3 and OMAP4 series processors and Qualcomm's

Snapdragon processors, and by their knowingly contributing to and inducing others to
manufacture,

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

and Qualcomm are liable for their infringement of the '500 patent prusuantto 35
U.S'C' 527I.

56. Motorola, Nokia, Palm, samsung, sTA, Acer, HTC, Google and LG have


but not
use, sale, importation, and/or offer to sell their cell phones and other products, including

limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galæ<y Spica GT-i5700
and

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


the claims of the '500 patent by their use, sale, importation, and/or offer to setl
infringing cell phones

and other products and software which inÊinge and which practice processes that
inûinge one or

their
more of the claims of the '500 patent, and by their knowingly contributing to and inducing

customers to purchase arìd use services which practice processes that infringe one
or more of the

,500 patent. Verizon, AT&T and Sprint are liable for their infringement of the'500
claims of the

patent ptrsuantto 35 U.S.C. 927I.

t9


58. TI, Qualcomm, Motorola, Nokia, Palm, Samsung, STA, Acer, HTC, Google, LG,

Verizon, AT&T and Sprint's acts of infringement have caused damage 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 and Sprint's infringement of MicroUnity's

exclusive rights under the '500 patent will continue to damage MicroUnity, causing inepæable 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 æe 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 applicabilþ 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'


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


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 caÍe 6,725,356 Ct is attached hereto as Exhibit

L.


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


63. Motorola, Nokia" Palm, Samsung, STA, Acer, HTC, Google, LG and Apple have

infringed and continue to infünge 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

Case 2:10-cv-00091 Document 1 Filed 03/16/1 0 Page 22 of 38


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-


,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 . ç 271-

65, Defendants' acts of infringement have caused darnage to MicroUnity, ffid


their wrongfrrl acts in an amount subject to proof at trial. Defendants' infringement of
MicroUnity's

irreparable harm
exclusive rights under the '356 patent will continue to damage MicroUnity, causing

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 infünged, and thus TI and Motorola's
,356 patent is willful and deliberate, entitling MicroUnity to increased damages
infringement of the

22


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'
,356 patent is wi[fu] and deliberate, entitling Microunity to increased damages
infringement of the

under 35 U.S.C. $ 2g4 and to attomey's fees and costs incuned in prosecuting this
action under 35

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

of the '131 patent
continues to hold all rights and interest in the ' 13 1 patent. A tue and correct copy

is attached hereto as Exhibit M.

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
patent pursuant to 35
Samsung, SSI and Qualcomm are liable for their infringement of the '131

u.s.c. 527r.

69. Motorola" Noki4 Palm, Samsung, sTA, Acer, HTC, Google, LG and Apple have


use, sale, importation, and/or offer to sell infringing cell phones and other
products, including but not

limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galaxy Spica GT-i5700 and

23



Apple iPhone 3GS and iPod Touch 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.


the claims of the ' 1 3 1 patent by their use, sale, importation, and/or offer to sell infringing cell phones


pursuantto 35 U.S.C. $ 271.

71. Defendants' acts of infringement have caused damage to MicroUnity, md



exclusive rights under the '131 patent will continue to damage MicroUnity, causing irreparable harm


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 and deliberate, entitling MicroUnity

24


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

On May B, 2007, United States Patent No. 7,216,217 BZ (the "'217
patenf') was
73.
duly and legally issued for an invention entitled "Programmable Processor
with Group Floating-Point

Operations.,, MicroUnity was assigne dthe'217 patent and continues
to hold all rights and interest in

the,2l7 patent. A true and correct copy of the '217 patentis attached hereto as ExhibitN'


more of the claims of the '277 patent by knowingly conÍibuting to and
inducing others to

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
processors, and
TI,s OMAp3 and OMAP4 series processors, Samsung and SSI's S5PC100
TI, Samsung, SSI and Qualcomm are liable for their
Qualcomm',s Snapdragon pfocessors.

infringement of the'217 patentpursuant to 35 U'S'C' ç 27 l'

Motorol4 Noki4 Palm, sarnsung, sTA, Acer, HTC, Google, LG and Apple
have
75.
patentby their manufacture,
infringed and continue to infringe one or more of the claims of the '217

use, sale, importation, and/or offer to sell infringing cell phones and
other products, including but not

GT-i5700 and
limited to the Motorola Droid, Nokia N900, Palm Pre, Samsung Galæq' Spica

omniaHD igglg, Acer Liquid Al and neoTouct¡ GooglelHTC Nexus One, LG eXpo and IQ, and

Apple iPhone 3GS and iPod Touch 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



phones
the claims of the '217 patentby their use, sale, importation, and/or offer to sell infringing cell

and other products. Verizon, AT&T and Sprint are liable for their infringement of the '2I7 paten|

pursuant to 35 U.S.C . ç271.



their wrongful acts in an amount subject to proof at trial. Defendants' infringement of MicroUnity's

exclusive rights under the'2!7 patent will continue to damage MicroUnity, causing ineparable harm


1lg. MicroUnity reserves the right to allege, after discovery, that defendants'

infringement of the
,2!7 patentis willful and deliberate, entitling Microunþ to increased damages

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.


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


contributing to and inducing others to manufacture, use, sel[, import and/or offer to sell cell phones

and other products and services which infringe and which practice processes that
infringe one or

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. ç271'

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

use, sale, importation, and/or offer to sell their cell phones and other

limited to the Motorola Droid, Nokia N900, PaIm Pre, Samsung Galaxy Spica GT-i5700
and

omniallD i8910, Acer Liquid A1 and neoTouch, GoogleÆITC Nexus One, LG eXpo and IQ,
and

inducing others to
Apple iphone 3GS and ipod Touch 3G, and by their knowingly contributing to and

manufactgre, use, sell, import and/or offer to sell products and services which
infringe and 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' ç271.

g2. Verizon, AT&T and Sprint have infringed and continue to infringe one or more
of

the claims of the '708 patent by their use, sale, importation, and/or offer to sell
infringing cell phones

one or more of the
and other products which infringe and which practice processes that inûinge
.70g patent, and by their knowingly contibuting to and inducing their customers to
claims of the

purchase and use services which practice processes that infringe one or mole of the
claims of the

.70g patent. Verizon, AT&T and Sprint are liable for their infringement of the '708 patent pursuant

to 35 U.S.C. ç27r.

g3. Defendants' acts of infringement have caused damage to MicroUnity, and

result of
MicroUnity is entitled to recover from defendants the da:nages sustained by MicroUnity as a

27



harm
exclusive rights under the '708 patent will continue to damage MicroUnity, causing ineparable

for which there is no adequate remedy af law, ualess enjoined by this Court'

84. MicroUnity reserves the right to allege, after discovery, that defendants'

.70g patent is willful and deliberate, entitling Microunity to increased damages
infringement of the

under 35 U.S.C. $ 284 and to attomey's fees and costs incurred in prosecuting this action under
35

u.s.c. $ 28s.

TNFRINGEMENT OF U.S. PATENT NO. 7'353"367 B2
*'367 patenf') was
85. On April 1, 2008, United States Patent No. 7,353,3 67 B2 (the

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 att¿ched hereto as Exhibit P.


more of the clairns of the '367 patent by knowingly contributing to and inducing others to

software that
manufacture, use, sell, import, and/or ofîer to sell cell phones and other products and

infringe one or more of the claims of the '367 patenÌ.,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,

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


and IQ' and
OmniaHD i8910, Acer Liquid A1 and neoTouch, GoogleÆITC Nexus One, LG eXpo
cell phones and
Apple iphone 3GS and iPod Touch 3G, and by providing software for use on such

other products. Motorol4 Nokia, Palm, Samsung, STA, Acer, HTC, Google,
LG and Apple are

liable for their infringement of the '367 patsntpursuant to 35 U.S.C. S27l-

gg. Verizor¡ AT&T and Sprint have infringed and continue to infringe one or more
of

,367 patentby their use, sale, importation, and/or offer to sell infringing cell phones
the claims of the

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

ç271.
g9. Defendants, acts of infringement have caused damage to MicroUnity, md

as a result of
Microunity is entitled to recover from defendants the damages sustained by Microunity
infringement of MicroUnity's
their wrongful acts in an amount subject to proof at hial. Defendants'
causing irreparable harm
exclusive rights under fhe'367 patent will continue to damage Microunity,



,367 patentis willful and deliberate, entitling Microunity to increased damages
infringement of the
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. On March Z4,Z}}g,United States Patent No. 7,509,3 66 B2 (the "'366
patenf ') was

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

Case 2:10-cv-00091 Document 1 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.

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

and SSI,s S5pC100 processors, and Qualcomm's Snapdragon
processors. Samsung and SSI have

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

Samsung, SSI and Qualcomm are liable for their infringement
of the '366 patent pursuant to 35

u.s.c. ç27r.
Apple have
93. 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 ' ç271'
or more of
94. Verizon, AT&T and Sprint have infringed and continue to infringe one

the claims of the '366 patentby their use, sale, importation, and/or offer
to sell infringing cell phones

30


and other products which infringe one or more of the claims of the '366pa'ærrt.
AT&T has knowingly

induce its customers' use of
contributed to and induced and continues to knowingly contribute to and

more of the claims of the
services which infringe a¡d which practice processes that infringe one or

,366 patent Verizon, AT&T and Sprint are liable for their inûingement of the '366 patent pwsuant

to 35 U.S.C. ç27r.

95. Defendants' acts of infringement have caused damage to MicroUnity, and
aresult of
Microunity is entitled to recover ûom defendants the damages sustained by Microunity
as

infringement of MicroUnity's
their wrongfirl acts in an amount subject to proof at tial. Defendants'

causing inepæable harm
exclusive rights under the '366 patent will continue to damage MicroUnity,



,366 patentis willful and deliberate, entitling Microunity to increased damages
infringement of the

under 35 U.S.C. $ 284 and ûo attomey's fees and costs incured
in prosecuting this action under 35

u.s.c. $ 285.

INFRTNGEMENT OF U.S. PATENT NO.7'653'806 B2
patenf')
97. On January 26,2010, United States Patent No. 7,653,806 BZ (the "'806

was duly and legally issued for an invention entitled "Method and Apparatus
for Performing

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. TI, Samsung, SSI and Qualcomm have infringed and continue to infringe one or
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


Samsung and SSI's S5PC100 processors, ærd 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


Apple iPhone 3GS and iPod Touch 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.


the claims of the '806 patent by their use, sale, importation, and/or offer to selI infringing cell phones


pursuant to 35 U.S.C. ç 271.



exclusive rights under the '806 patent will continue to damage MicroUnity, causing irreparable harm




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


TNFRTNGEMENT OF U.S. PATENT NO. 7,660'97282
*'972 patent")
103. 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

and services which practice processes and include software that infringe one or
more of the claims of

the
,972 patent. Samsung and SSI are liable for their infringement of the '972 patent pursuant to 35

u.s.c. ç27r.

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. ç27I.
106. AT&T has infringed and continues 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


software for use on such cell phones and other products. AT&T is liable for is inûingement 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. Samsung, SSI, Apple and AT&T's infringement of MicroUnity's exclusive rights under the

,972 pafent 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 assþe 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.


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 thæ infringe one or more of the claims of the '973 patent. TI,

34


Samsung, SSI and Qualcomm are liable for their infringement 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

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

ç271.

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


113. Defendants' acts of infringement have caused damage to MicroUnity, and
as a result of
MicroUnity is entitled to recover from defendants the damages sustained by MicroUnity
of MicroUnity's
their wrongflrl acts in an amount subject to proof at trial. Defendants' infringement

causing irreparable harm
exclusive righa under the'973 patent will continue to damage MicroUnity,


ll4. MicroUnity reserves the right to allege, after discovery, that defendants'

,973 patentis willful and deliberate, entitling MicroUnity to increased damages
infringement of the

prosecuting this action under 35
under 35 U.S.C. $ 2g4 and to atüomey's fees and costs incuned in

u.s.c. $ 28s.

35


JTIRY DEMAND

115. MicroUnity demands a 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, including contributory

infringement and/or inducing infringement, of U.S. 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 B¡2,7,509,36682,7,653,806B2,7,660,97282 and7,660,973B.2, or

in the alternative, a post-judgment royalty for post-judgment infringement;

d) An award of attorney's fees pursuant to 35 U.S.C. $ 285 or as otherwise permitted

by law; and

e) For such other costs and ftrther relief as the Court may deem just and proper.

DATED: March 16,2010


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
müibble@susmangodfr ey. com
Joseph S. Grinstein
St¿te BarNo.24002188
grinstein@susmangodfr ey. com
j
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
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
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

Case 2:10-cv-00091 Document 1 Filed 03i 16/1 0 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
Teþhone: (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
Telephone: (41 5) 889-52 1 0

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. │ CIVIL ACTION NO. 6:10cv74
(3) SAMSUNG ELECTRONICS │
CO. LTD. │
(4) SAMSUNG ELECTRONICS │
AMERICA, INC. │
(5) SAMSUNG TELECOMMUNIC- │ JURY TRIAL DEMANDED
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. │
│

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. RIM’s

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, Chung-

Ku, Seoul, Korea and does business in this judicial district by, among other things,

2

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