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H-W Technology, L.C. v. Apple et. al.

H-W Technology, L.C. v. Apple et. al.

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Official Complaint for Patent Infringement in Civil Action No. 3:11-cv-00651-N: H-W Technology, L.C. v. Apple Inc et. al. Filed in U.S. District Court for the Northern District of Texas, the Hon. David C Godbey presiding. See http://news.priorsmart.com/-l3S4 for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:11-cv-00651-N: H-W Technology, L.C. v. Apple Inc et. al. Filed in U.S. District Court for the Northern District of Texas, the Hon. David C Godbey presiding. See http://news.priorsmart.com/-l3S4 for more info.

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION H-W Technology L.C., Plaintiff, v.

Apple Inc.; Research In Motion Limited; Research In Motion Corporation; Amazon.com, Inc.; Amazon Payments, Inc.; HTC Corporation; HTC America, Inc.; LG Electronics, Inc. LG Electronics U.S.A., Inc.; eBay, Inc.; Hotels.com, L.P.; Google, Inc.; Expedia, Inc.; Priceline.com LLC; Orbitz Worldwide, Inc.; Buy.com Inc.; Motorola Solutions, Inc.; Motorola Mobility, Inc.; Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; Samsung Telecommunications America, LLC; Kayak Software Corporation d/b/a Kayak.com; Microsoft Corporation; Nokia Corporation; Nokia, Inc.; Sony Ericsson Mobile Communications AB; Sony Ericsson Mobile Communications (USA), Inc.; Kyocera Corporation; Kyocera International, Inc.; Kyocera Communications, Inc.; Kyocera America, Inc.; and Verizon Communications, Inc. Defendants. ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
1

CIVIL ACTION NO.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32)

JURY TRIAL DEMANDED

Plaintiff H-W Technologies, LLC (together “H-W” or “Plaintiff”), as and for its Complaint against Apple Inc.; Research In Motion Corporation; Research In Motion Limited; Amazon.com, Inc.; Amazon Payments, Inc.; HTC Corporation; HTC America, Inc.; LG Electronics, Inc.; LG Electronics U.S.A., Inc.; eBay Inc.; Hotels.com, L.P.; Google, Inc.; Expedia, Inc.; Priceline.com LLC; Orbitz Worldwide, Inc.; Buy.com Inc.; Motorola Solutions, Inc.; Motorola Mobility, Inc.; Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; Samsung

Telecommunications America, LLC; Kayak.com; Microsoft Corporation; Nokia Corporation; Nokia, Inc., Sony Ericsson Mobile Communications AB; Sony Ericsson Mobile

Communications, Inc.; Kyocera Corporation, Kyocera International, Kyocera Communications, Inc.; Kyocera America, Inc.; and Verizon Communications, Inc. (collectively “Defendants”), demand a trial by jury and allege as follows: PARTIES 1. Plaintiff H-W Technology, L.C. is a Texas corporation having a principal place of

business at 4601 13TH Street, Lubbock, TX 79416. 2. On information and belief, Defendant Apple Inc. is incorporated under the laws of

California with its principal place of business at 1 Infinite Loop, Cupertino, CA 95014. This defendant is registered to do business in Texas and has appointed CT Corporation System, 350 N. St. Paul Street, Suite 2900, Dallas, TX 75201 as its agent for service of process. Apple Inc. regularly conducts and transacts business in Texas, throughout the United States, and within the Northern District of Texas, itself and/or through one or more subsidiaries, affiliates, business divisions, or business units. 3. On information and belief, Defendant Research In Motion Limited is a Canadian

Corporation with its principal place of business at 259 Phillip Street, Waterloo, Ontario, N2L 3W8 Canada. On information and belief, Research In Motion Limited is a nonresident of Texas

2

November 15. TX 75039. Inc. On information and belief. TX 75201 as its agent for service of process. Inc.com. Suite 430. and within the Northern District of Texas. affiliates. throughout the United States. St. 350 N. Treaty 1969). Wilmington. out of business done in this state. Suite 1200. throughout the United States. or business units. but does not maintain a regular place of business in this state or a designated agent for service of process in this state. Research In Motion Corporation is a wholly-owned subsidiary of Research In Motion Limited and serves as a representative of RIM Ltd. WA 98144. Article 1. No. 1013 Centre Road. business divisions. DE. or business units. 19805 as its agent for service of process. Defendant Amazon. Irving.S. affiliates. § 1400(b). 5. South.S. Research In Motion Limited regularly conducts and transacts business in Texas. On information and belief. Research In Motion Limited may be served with process in Canada pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. Paul Street. On information and belief. 1965 T. This defendant has appointed Corporation Service Company.A. is a corporation organized and existing under the laws of the State of Delaware with their principal place of business at 1200 12th Avenue. 20 U. This proceeding arises. Dallas. Defendant Research In Motion Corporation is incorporated under the laws of Delaware with its principal place of business at 122 West John Carpenter Parkway. 361 (U.C. Research In Motion Corporation regularly conducts and transacts business in Texas.com. itself and/or through one or more subsidiaries. Seattle. business divisions. and within the Northern District of Texas. for purposes of conducting business in the United States.I. Research In Motion Limited resides in this jurisdiction within the meaning of 28 U. This defendant has appointed CT Corporation System. Suite 2900. 4. itself and/or through one or more subsidiaries. Amazon.S.T. in part. regularly conducts and transacts business in 3 . 6638.S.who engages in business in this state. On information and belief.

. HTC Corporation resides in this jurisdiction within the meaning of 28 U. regularly conducts and transacts business in Texas. This defendant is registered to do business in Texas and has appointed National Registered Agents. TX 77062 as its agent for service of process. out of 4 . is incorporated under the laws of Delaware with its principal place of business at 15600 NE 8th Street. Suite 400 Bellevue. Suite 620. or business units. Bellevue. Inc. On information and belief. 7. Suite 235. in part. 6. itself and/or through one or more subsidiaries. Inc.S. Houston. and within the Northern District of Texas. Taoyuan. but does not maintain a regular place of business in this state or a designated agent for service of process in this state. Washington 98005. On information and belief. throughout the United States. This proceeding arises. Inc. Austin. Inc. or business units. Taiwan. Suite B1 #975. Defendant HTC America. WA 98008. or business units. On information and belief. Defendant Amazon Payments. is incorporated under the laws of Washington with its principal place of business at 13920 SE Eastgate Way. itself and/or through one or more subsidiaries. TX 78701   as its agent for service of process. business divisions.. Amazon Payments. Defendant HTC Corporation is a Republic of Taiwan corporation with its principal place of business at 23 HSin Hua Rd. § 1400(b). throughout the United States.Texas. throughout the United States. 330. Defendant HTC America. Inc. On information and belief. regularly conducts and transacts business in Texas. and within the Northern District of Texas. This defendant is registered to do business in Texas and has appointed Corporation Service Company d/b/a CSC Lawyers Incorporating Service Company.. 16055 Space Center Blvd. affiliates. HTC Corporation is a nonresident of Texas who engages in business in this state. 8. business divisions. affiliates. affiliates. 211 East 7th Street. and within the Northern District of Texas.C. business divisions. itself and/or through one or more subsidiaries. On information and belief.

S. Yeoungdeungpo-gu. TX 78701 as its agent for service of process. and within the Northern District of Texas. Inc. in part. is a nonresident of Texas who engages in business in this state. § 1400(b). 9.. November 15. On information and belief. 20 Yeouido-dong. is a Republic of Korea company with its principal place of business in LG Twin Towers. and within the Northern District of Texas. HTC Corporation regularly conducts and transacts business in Texas. 20 U.A. 5 ..S.T. business divisions. Defendant LG Electronics.S. or business units. affiliates. Suite 620. Englewood Cliffs.T. Inc. Treaty 1969). itself and/or through one or more subsidiaries. Inc. Article 1. may be served with process in Korea pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. Article 1.S.I.S. This defendant is registered to do business in Texas and has appointed United States Corporation Company. out of business done in this state. Inc. 6638. HTC Corporation may be served with process in Korea pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 1000 Sylvan Avenue. 10.A.A. Inc. No. itself and/or through one or more subsidiaries. Treaty 1969). throughout the United States. LG Electronics U. affiliates. Austin. or business units. LG Electronics. Defendant LG Electronics U. Inc. Inc.business done in this state. No. 361 (U. LG Electronics. LG Electronics. 1965 T.S. but does not maintain a regular place of business in this state or a designated agent for service of process in this state.S. Seoul.S. 6638. throughout the United States. regularly conducts and transacts business in Texas. 1965 T. 20 U. On information and belief. limited On information and belief. On information and belief. LG Electronics. 361 (U. resides in this jurisdiction within the meaning of 28 U. November 15. NJ 07632.S.C.I.A. South Korea. 211 East 7th Street. business divisions. This proceeding arises.

Defendant eBay Inc. itself and/or through one or more subsidiaries.. 211 East 7th Street. Ste. CA 94043. and within the Northern District of Texas. 400 Dallas. Inc. Inc. This defendant is registered to do business in Texas and has appointed National Registered Agents. itself and/or through one or more subsidiaries. 12. TX 75231. business divisions. affiliates. throughout the United 6 . Suite 620. Defendant Hotels. regularly conducts and transacts business in Texas. Suite 235. 11. On information and belief. affiliates. regularly conducts and transacts business in Texas. Austin. Houston TX 77062 as its agent for service of process. On information and belief. 16055 Space Center Blvd. throughout the United States. affiliates. Central Expressway.regularly conducts and transacts business in Texas. and within the Northern District of Texas. Defendant Google. Inc.P. This defendant is registered to do business in Texas and has appointed Corporation Service Company d/b/a CSC Lawyers Incorporating Service Company. CA 95125. regularly conducts and transacts business in Texas. throughout the United States. Houston TX 77062 as its agent for service of process.. L. business divisions. is incorporated under the laws of Texas with its principal place of business at 10440 N. or business units.. Suite 235..com. L. On information and belief. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 1600 Amphitheatre Parkway. eBay Inc. Mountain View. 16055 Space Center Blvd. Hotels. Inc. Google. business divisions. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 2145 Hamilton Ave San Jose. and within the Northern District of Texas. TX 78701 as its agent for service of process. This defendant is registered to do business in Texas and has appointed National Registered Agents. or business units. throughout the United States. or business units.com. 13.P. itself and/or through one or more subsidiaries.

throughout the United States. affiliates. Houston TX 77062 as its agent for service of process. On information and belief. Bellevue. throughout the United States. This defendant has appointed Lexis Document Services. Inc. affiliates. Suite 400. or business units.. Norwalk. Priceline. Defendant Orbitz Worldwide. Expedia. On information and belief. and within the Northern District of Texas. 2711 Centerville Road. itself and/or through one or more subsidiaries. Inc. and within the Northern District of Texas. Wilmington. business divisions.. affiliates. Inc. or business units. itself and/or through one or more subsidiaries. IL 60661. and within the Northern District of Texas. Suite 235. Madison St. This defendant has appointed Corporation Service Company. Defendant Priceline. Suite 400. itself and/or through one or more subsidiaries. itself and/or through one or more subsidiaries. Inc.com LLC is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 800 Connecticut Ave. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 500 W. CT 06854. Suite 1000. 16. business divisions. or business units. Orbitz Worldwide. and within the Northern District of Texas.States. Chicago. 16055 Space Center Blvd. Inc. affiliates. Wilmington DE 19808 as its agent for service of process. business divisions. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 3150 139th Avenue SE.. 7 . This defendant is registered to do business in Texas and has appointed National Registered Agents. regularly conducts and transacts business in Texas. throughout the United States. 2711 Centerville Road. 15. Inc. On information and belief. or business units. WA 98005.. DE 19808 as its agent for service of process.. business divisions. regularly conducts and transacts business in Texas.com LLC regularly conducts and transacts business in Texas. 14. Defendant Expedia.

On information and belief. or business units.com Inc. Seoul 100-742. IL 60196. Wilmington. business divisions. Schaumburg. regularly conducts and transacts business in Texas. 19. This defendant has appointed CT Corporation System. Paul Street. Aliso Viejo. 18. Inc. or business units. Schaumburg. regularly conducts and transacts business in Texas. affiliates.”) is a Republic of Korea limited company with its principal place of business in 250. itself and/or through one or more subsidiaries. TX 75201 as its agent for service of process. and within the Northern District of Texas. Korea. 20. Inc. or business units. and within the Northern District of Texas. aepyong-ro. 350 N. Defendant Samsung Electronics Co. Motorola Solutions. Ltd.com Inc. throughout the United States. affiliates. On information and belief. Defendant Buy. 2-ga. TX 75201 as its agent for service of process. Buy. (“Samsung Ltd. 350 N. Dallas.17. Paul Street. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 85 Enterprise Suite 100. itself and/or through one or more subsidiaries. IL 60196. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 1303 E Algonquin Road. Inc. On information and belief. Suite 2900. Inc. affiliates. On information and belief. business divisions. DE 19808 as its agent for service of process. throughout the United States. On information and belief. Jung-gu. Suite 400. St. Dallas. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 1303 E Algonquin Road. Defendant Motorola Mobility. regularly conducts and transacts business in Texas. business divisions. itself and/or through one or more subsidiaries. Samsung Electronics 8 . Defendant Motorola Solutions. This defendant has appointed CT Corporation System. Suite 2900. throughout the United States. Motorola Mobility. CA 92656.. and within the Northern District of Texas. This defendant has appointed  Corporation Service Company. St. 2711 Centerville Road.

No. or business units. Samsung Electronics Co. and within the Northern District of Texas. Texas 78701 as its agent for service of process. 21. Samsung LLC regularly conducts and transacts business in Texas. is a Texas limited liability company with its principal place of business in Richardson. business divisions. affiliates.. or business units. resides in this jurisdiction within the meaning of 28 U. Inc. affiliates. Corporation Trust Center.I. regularly conducts and transacts business in Texas. 1965 T. Ltd. This defendant has appointed The Corporation Trust Company. This proceeding arises. Ltd.C. On information and belief. or business units. itself and/or through one or more subsidiaries. Ltd. a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 105 Challenger Road Ridgefield Park. throughout the United States.. NJ 07660.. Samsung Electronics Co. November 15. business divisions. 211 E. itself and/or through one or more subsidiaries. and within the Northern District of Texas. Inc.. Texas. regularly conducts and transacts business in Texas. itself and/or through one or more subsidiaries. 22.A. Ltd. Austin. business divisions. § 1400(b). but does not maintain a regular place of business in this state or a designated agent for service of process in this state. Wilmington. 20 U. 361 (U.Co. 6638. and within the Northern District of Texas. 9 . Defendant Samsung Electronics America. DE 19801 as its agent for service of process. may be served with process in Korea pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. affiliates. in part. Treaty 1969). Suite 620. 1209 Orange Street. throughout the United States. L.T.. throughout the United States.C.S. Article 1.S.S. Samsung Electronics Co. On information and belief. Samsung Telecommunications America. 7th Street.S.L. Samsung Electronics America. out of business done in this state. This defendant has appointed Prentice Hall Corporation System. is a nonresident of Texas who engages in business in this state.

a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 55 North Water Street.com. Microsoft Corporation regularly conducts and transacts business in Texas. Suite 400.S. throughout the United States. Article 1.S. business divisions. 20 U. itself and/or through one or more subsidiaries. out of business done in this state. No. On information and belief.23. Redmond.S. This defendant is registered to do business in Texas and has appointed Corporation Service Company.com regularly conducts and transacts business in Texas. or business units. 1965 T.T. 2711 Centerville Road.I. Suite 1. DE 19808 as its agent for service of process. 361 (U. On information and belief. Norwalk. and within the Northern District of Texas. Suite 620. § 1400(b).C. Finland. Nokia Corporation resides in this jurisdiction within the meaning of 28 U. This proceeding arises. Nokia Corporation is a nonresident of Texas who engages in business in this state. TX 78701 as its agent for service of process. but does not maintain a regular place of business in this state or a designated agent for service of process in this state. in part. Nokia Corporation may be served with process in Finland pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. November 15. On information and belief.A. Kayak. CT 06854. 211 East 7th Street.S. throughout the United States. Defendant Microsoft Corporation is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at 1 Microsoft Way. affiliates. Nokia Corporation is a Finnish corporation having its principal place of business at Keilalahdentie 2-4. and within the Northern District of Texas. itself and/or through one or more subsidiaries. Austin. 24. On information and belief. This defendant has appointed Corporation Service Company. On information and belief. Defendant Kayak. 6638. affiliates. Nokia Corporation regularly 10 . or business units. Wilmington. Treaty 1969). WA 98052. FI-02150 Espoo. 25. business divisions.

20 U. Treaty 1969). Suite 235. throughout the United States. and within the Northern District of Texas. itself and/or through one or more subsidiaries. out of business done in this state. Inc. or business units.C. or business units. 27. 1965 T. affiliates. Sony Ericsson Mobile Communications AB may be served with process in Sweden pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. itself and/or through one or more subsidiaries.conducts and transacts business in Texas. and within the Northern District of Texas. On information and belief. Houston. is a Delaware corporation having its principal place of business at 6000 Connection Drive. On information and belief. is 11 . business divisions. 6638. Sony Ericsson Mobile Communications AB is a Swedish corporation having its principal place of business at Nya Vattentornet. No. Sony Ericsson Mobile Communications (USA). in part.T. SE-221 88 Lund. Irving. affiliates. Texas 75039.S. Nokia. Article 1. business divisions. 361 (U. or business units. Inc.A. Sony Ericsson Mobile Communications AB is a nonresident of Texas who engages in business in this state. On information and belief. itself and/or through one or more subsidiaries. TX 77062 as its agent for service of process. § 1400(b). Inc. regularly conducts and transacts business in Texas. 26.I. business divisions. Sweden. On information and belief. On information and belief. affiliates. This defendant is registered to do business in Texas and has appointed National Registered Agents. 28. but does not maintain a regular place of business in this state or a designated agent for service of process in this state. throughout the United States. Nokia. This proceeding arises. Sony Ericsson Mobile Communications AB resides in this jurisdiction within the meaning of 28 U. Sony Ericsson Mobile Communications AB regularly conducts and transacts business in Texas.S..S.S. throughout the United States. November 15. Inc. and within the Northern District of Texas. 16055 Space Center.

On information and belief.I.S. in part. Austin. 361 (U. Inc. No. out of business done in this state. itself and/or through one or more subsidiaries. 800 Brazos. Sacramento. affiliates. This defendant has appointed Corporation Service Company. business divisions. November 15. North Carolina 27709. 1965 T.S. Inc. On information and belief. Suite 100. regularly conducts and transacts business in Texas.. Kyocera International. Article 1. Suite 400. Treaty 1969). Sony Ericsson Mobile Communications (USA).a Delaware corporation having its principal place of business at 7001 Development Drive. California 92123. Kyocera Corporation is a nonresident of Texas who engages in business in this state. or business units. Sony Ericsson Mobile Communications (USA). 612-8501.S. On information and belief. Kyocera International. TX 78701 as its agent for service of process. Fushimi-ku.S. CA 95833 as its agent for service of process. San Diego. Kyoto.A. business divisions. Kyocera Corporation resides in this jurisdiction within the meaning of 28 U. but does not maintain a regular place of business in this state or a designated agent for service of process in this state. and within the Northern District of Texas. 30. is registered to do business in Texas and has appointed Capitol Corporate Services. and within the Northern District of Texas. This proceeding arises. or business units. Kyocera Corporation regularly conducts and transacts business in Texas. throughout the United States. On information and belief. On information and belief. 6638. regularly 12 . throughout the United States.C. 20 U. Kyocera Corporation may be served with process in Korea pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. is a California corporation having its principal place of business at 8611 Balboa Avenue.T. itself and/or through one or more subsidiaries. Research Triangle Park. 29. § 1400(b). Inc. Defendant Kyocera Corporation is a Japanese corporation with its principal place of business at 6 Takeda Tobadono-cho. Japan. 2730 Gateway Oaks Drive. Inc. affiliates. Inc.

7th Street. Inc. or business units. Austin. Verizon 13 . and within the Northern District of Texas. 1209 Orange Street. Inc. is a Delaware corporation having its principal place of business at 10300 Campus Point Drive. Kyocera America. Inc. Suite 620. Inc. 211 E. has appointed The Corporation Trust Company. On information and belief. throughout the United States. affiliates. and within the Northern District of Texas. regularly conducts and transacts business in Texas. California 92123. regularly conducts and transacts business in Texas. or business units. Suite 620. throughout the United States. DE 19801 as its agent for service of process. business divisions. business divisions. 33.conducts and transacts business in Texas. San Diego. Kyocera Communications. On information and belief. throughout the United States. Inc. New York. Verizon Communications. business divisions. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at the Verizon Building. 140 West Street. On information and belief. is registered to do business in the State of Texas and has appointed Prentice Hall Corp System. Austin. Kyocera America. On information and belief. 31. affiliates. Inc. itself and/or through one or more subsidiaries. Inc. Defendant Verizon Communications. TX 78701 as its agent for service of process. TX 78701 as its agents for service of process. or business units. Kyocera Communications. California 92121. Kyocera Communications. 211 E. 7th Street. 32. itself and/or through one or more subsidiaries. and within the Northern District of Texas. Corporation Trust Center. NY 10007. Wilmington. Kyocera International. On information and belief. itself and/or through one or more subsidiaries. Inc. is a California corporation having its principal place of business at 8611 Balboa Avenue. is registered to do business in the State of Texas and has appointed Corporation Service Company d/b/a CSCLawyers Incorporating Service Company. San Diego. affiliates.

ships. §§ 1391(b)(2) and (c) and/or 1400(b). pursuant to due process and/or the Texas Long Arm Statute.Communications. This action arises under the Patent Laws of the United States. affiliates. offers for sale. §§ 1 et seq. 37. JURISDICTION AND VENUE 34. §§ 1331 and 1338(a). On information and belief. business divisions.S. each Defendant has purposefully availed itself of the privileges of conducting business in the State of Texas and in the Northern District of Texas. each Defendant regularly conducts and solicits business within the State of Texas and within the Northern District of Texas. and within the Northern District of Texas.C.C. On information and belief. 35. or business units. 35 U. Venue is proper in this district under 28 U. each Defendant has transacted business in this district. and has committed acts of patent infringement in this district. 36. On information and belief. including via their websites. directly and/or through intermediaries. the State of Texas. Each Defendant has customers who are 14 . Defendants are subject to this Court’s general and specific personal jurisdiction because: each Defendant has minimum contacts within the State of Texas and the Northern District of Texas. itself and/or through one or more subsidiaries.S. Inc. sells. More specifically. Each Defendant solicits customers in the State of Texas and in the Northern District of Texas. namely. including via their websites. regularly conducts and transacts business in Texas. each Defendant. and H-W’s causes of action arise directly from Defendants’ business contacts and other activities in the State of Texas and in the Northern District of Texas.C. each Defendant has committed patent infringement in the State of Texas and in the Northern District of Texas.S. This Court has exclusive subject matter jurisdiction over this action pursuant to 28 U. and the Northern District of Texas. throughout the United States. and/or advertises (including the provision of interactive web pages) its products and services in the United States. distributes.

On information and belief. in this judicial district. PATENT NO. 7. and which allow users of such devices via domain specific applications to receive information and offers from merchants and to complete a transaction with one of said merchants without having to generate a voice call.525. Defendants Research In Motion Limited and Research In Motion Corporation have been and are now infringing the ‘955 Patent in the State of Texas. is thus liable for infringement of the ‘955 Patent pursuant to 35 U. The application leading to the ‘955 Patent was filed on March 17. title and interest to United States Patent No. Defendant Apple Inc. 7. using. 40. Defendant Apple Inc.residents of the State of Texas and the Northern District of Texas and who each use respective Defendants’ products and services in the State of Texas and in the Northern District of Texas.955 38. On information and belief. in whole or in part. offering to sell. the Apple iPhone. 2004. has been and now is infringing the ‘955 Patent in the State of Texas. a multi-convergence device having a domain specific application that allows users to complete a merchant transaction without the need to generate a voice call. 2009 after a full and fair examination by the United States Patent and Trademark Office. The ‘955 Patent is generally directed to novel. an example of an Apple Inc.C. H-W is the owner of all rights. § 271. product that infringes the ‘955 Patent includes. 39.525. On information and belief. and elsewhere in the United States by making. including phones commonly referred to as “smartphones”. selling or importing products and methods that utilize. 41.S. unique and non-obvious systems and methods of using a multi-convergence device. COUNT I INFRINGEMENT OF U.955 (“the ‘955 Patent”) entitled “Internet Protocol (IP) Phone with Search and Advertising Capability. which are able to converge voice and data within a single terminal.” The ‘955 Patent was issued on April 28. in 15 . 2005 and benefits from a priority date of March 19. but is not limited to.S.

selling or offering to sell products that have systems and/or methods for utilizing a multi-convergence device having a domain specific application that allows users to complete a merchant transaction without the 16 . an example of a Research In Motion Limited and Research In Motion Corporation product that infringes the ‘955 Patent includes. On information and belief.com server and complete a merchant transaction without the need to generate a voice call. § 271.com. Defendants Research In Motion Limited and Research In Motion Corporation are thus liable for infringement of the ‘955 Patent pursuant to 35 U. Inc.this judicial district. importing. and Amazon Payments. but is not limited to the Blackberry Torch product. and elsewhere in the United States by making. in this judicial district. 43.S. and elsewhere in the United States by making. Inc. offering to sell.S. using.C. importing. Defendants Amazon.com. and elsewhere in the United States by making. Inc.C. product that infringes the ‘955 Patent includes. § 271. using. Inc. On information and belief. are thus liable for infringement of the ‘955 Patent pursuant to 35 U. and Amazon Payments. in this judicial district. Defendants HTC America. have been and now are infringing the ‘955 Patent in the State of Texas. and Amazon Payments. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. 42. but is not limited to its Amazon smartphone application which allows a smartphone user to connect to an Amazon. Inc. an example of an Amazon. On information and belief. and HTC Corporation have been and now are infringing the ‘955 Patent in the State of Texas. a multi-convergence device having a domain specific application that allows users to complete a merchant transaction without the need to generate a voice call. Inc. On information and belief. in whole or in part. Inc. Defendants Amazon.com. selling or importing products and methods that utilize. using.

and example of an HTC America. Inc. and elsewhere in the 17 . importing.. Inc.S. On information and belief. and elsewhere in the United States by making. Inc. On information and belief.S.. are thus liable for infringement of the ‘955 Patent pursuant to 35 U. in this judicial district. Defendants HTC America. but is not limited to its eBay smartphone application that allows a smartphone to connect to an eBay server to complete a merchant transaction without the need to generate a voice call. an example of an eBay Inc. Inc.S. Defendant eBay Inc. and elsewhere in the United States by making..S. in this judicial district. but is not limited to the LG G2x product. Inc. and HTC Corporation are thus liable for infringement of the ‘955 Patent pursuant to 35 U. selling or offering to sell products that have systems and/or methods for utilizing a multi-convergence device with a domain specific application to complete a merchant transaction without the need to generate a voice call. and HTC Corporation product that infringes the ‘955 Patent includes. an example of an LG Electronics. and LG Electronics U.C.P. On information and belief. L. 45.C. using. importing. 46. Defendants LG Electronics. Inc. § 271. Inc.need to generate a voice call. and LG Electronics U.A. product that infringes the ‘955 Patent includes. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call.A. and LG Electronics U. but not limited to the HTC Thunderbolt product. § 271. Inc. product that infringes the ‘955 Patent includes. On information and belief.A. have been and now is infringing the ‘955 Patent in the State of Texas. Defendant eBay Inc.S. has been and now is infringing the ‘955 Patent in the State of Texas. in this judicial district.S. Defendant Hotels.com. using. § 271. Defendants LG Electronics. On information and belief.C. has been and now is infringing the ‘955 Patent in the State of Texas. 44. is thus liable for infringement of the ‘955 Patent pursuant to 35 U. On information and belief.

selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. using. is thus liable for infringement of the ‘955 Patent pursuant to 35 U. Defendant Google.com product that infringes the ‘955 Patent includes. and elsewhere in the United States by making. On information and belief.C. is thus liable for infringement of the ‘955 Patent pursuant to 35 U.com. On information and belief. using.S. product that infringes the ‘955 Patent includes. importing.com.C.P. has been and now is infringing the ‘955 Patent in the State of Texas.com smartphone application product which allows a smartphone user to connect to a Hotels. Inc. and elsewhere in the United States by making.com server to complete a merchant transaction without the need to generate a voice call. L. but is not limited to the Hotels. L. Defendant Google. importing.United States by making. but is 18 . but is not limited to the Android application store which provides an on-line marketplace for allowing a smartphone user to complete a merchant transaction without the need to generate a voice call. Inc. Inc. On information and belief. has been and now is infringing the ‘955 Patent in the State of Texas. Inc. an example of an Expedia. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. On information and belief. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. 48. using. § 271. in this judicial district. an example of a Google.P. On information and belief. an example of a Hotels. Defendant Hotels. in this judicial district. 47.S. Defendant Expedia. product that infringes the ‘955 Patent includes. importing. § 271.

Inc. using.not limited to the Expedia.com server to complete a merchant transaction without the need to generate a voice call.P.com.S. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. in this judicial district. Defendant Expedia. 19 . Inc. product that infringes the ‘955 Patent includes.com. but is not limited to the Orbitz. an example of an Orbitz Worldwide. has been and now is infringing the ‘955 Patent in the State of Texas. On information and belief.com smartphone application product which allows a smartphone user to connect to an Expedia. an example of a Priceline.com smartphone application product which allows a smartphone user to connect to an Orbitz Worldwide. server to complete a merchant transaction without the need to generate a voice call.com LLC has been and now is infringing the ‘955 Patent in the State of Texas. On information and belief.C. Defendant Orbitz Worldwide. Defendant Orbitz Worldwide. L.S. Defendant Priceline. in this judicial district. but is not limited to the Priceline.com smartphone application product which allows a smartphone user to connect to a Priceline. importing. § 271.com LLC product that infringes the ‘955 Patent includes. § 271.com LLC is thus liable for infringement of the ‘955 Patent pursuant to 35 U. Defendant Priceline. is thus liable for infringement of the ‘955 Patent pursuant to 35 U. is thus liable for infringement of the ‘955 Patent pursuant to 35 U. importing.C. 50. On information and belief. Inc. using. Inc.C. and elsewhere in the United States by making. LLC server to complete a merchant transaction without the need to generate a voice call. § 271.S. On information and belief. 49. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. and elsewhere in the United States by making.

importing.. 53.C. § 271. Samsung Telecommunications America. On information and belief.com has been and now is infringing the ‘955 Patent in the State of Texas. and Motorola Mobility.S. and elsewhere in the United States by making. Inc. in this judicial district. using.. importing. (“ Defendants Motorola”) have been and are now infringing the ‘955 Patent in the State of Texas. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. On information and belief. On information and 20 . includes but is not limited to the Droid X product. Defendant Kayak. in this judicial district. On information and belief. an example of a Defendants Samsung product that infringes the ‘955 Patent includes but is not limited to the Samsung Galaxy S product. Ltd. in this judicial district. using. § 271. using. an example of a Defendants Motorola product that infringes the ‘955 Patent.S. importing. Inc.. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call.51. Samsung Electronics America. On information and belief. On information and belief. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. and elsewhere in the United States by making. Defendants Motorola are thus liable for infringement of the ‘955 Patent pursuant to 35 U. Defendants Motorola Solutions.C. 52. and elsewhere in the United States by making. LLC (“Defendants Samsung”) have been and are now infringing the ‘955 Patent in the State of Texas. Defendants Samsung Electronics Co. Inc. Defendants Samsung are thus liable for infringement of the ‘955 Patent pursuant to 35 U.

§ 271. § 271. Kyocera International.belief. 55. Defendant Microsoft Corporation is thus liable for infringement of the ‘955 Patent pursuant to 35 U.S.C. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device to complete a merchant transaction without the need to generate a voice call.S. Inc. Defendant Microsoft Corporation has been and now is infringing the ‘955 Patent in the State of Texas. 21 . § 271. in this judicial district. 54.C.com smartphone application which allows a smartphone user to access a Kayak. and elsewhere in the United States by making. importing. On information and belief. an example of a Kayak. On information and belief.com is thus liable for infringement of the ‘955 Patent pursuant to 35 U.com product that infringes the ‘955 Patent includes but is not limited to the Kayak. On information and belief. Defendants Kyocera are thus liable for infringement of the ‘955 Patent pursuant to 35 U. using. an example of a Defendants Kyocera product that infringes the ‘955 Patent includes but is not limited to the Kyocera Echo product. (“Defendants Kyocera”) have been and now are infringing the ‘955 Patent in the State of Texas. multiple Microsoft Corporation products including. Defendant Kayak. On information and belief.C. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. use systems and methods for allowing a multi-convergence device to complete a merchant transaction without the need to generate a voice call. importing. in this judicial district. and elsewhere in the United States by making.S.com server to complete a merchant transaction without the need to generate a voice call. Defendants Kyocera Corporation. using. Kyocera Communications and Kyocera America. but not limited to the Samsung Focus Windows 7 product.

H-W will be greatly and irreparably harmed. representatives. H-W has suffered monetary damages in an amount not yet determined.S. On information and belief. selling or offering to sell products that have systems and/or methods for allowing a multi-convergence device utilizing a domain specific application to complete a merchant transaction without the need to generate a voice call. and elsewhere in the United States by making. On information and belief. importing. Inc. 22 . employees. product that infringes the ‘955 Patent includes but is not limited to the VCast application which allows a smartphone user to connect to a VCast application server complete a merchant transaction without the need to generate a voice call. and will continue to suffer damages in the future unless Defendants’ infringing activities are enjoined by this Court.56. Inc. is thus liable for infringement of the ‘955 Patent pursuant to 35 U. 59. Inc. an example of a Verizon Communications. Defendant Verizon Communications. 58. H-W reserves the right to request such a finding at time of trial. in this judicial district. Unless a permanent injunction is issued enjoining these Defendants and their agents. has been and now is infringing the ‘955 Patent in the State of Texas. § 271. As a result of these Defendants’ infringement of the ‘955 Patent. To the extent that facts learned in discovery show that Defendants’ infringement of the ‘955 Patent is or has been willful.C. Defendant Verizon Communications. and all others acting on or in active concert therewith from infringing the ‘955 Patent. affiliates. 57. servants. using.

DEMAND FOR JURY TRIAL H-W. A judgment and order finding that this is an exceptional case within the meaning of 35 U. C.S.C.PRAYER FOR RELIEF WHEREFORE. § 284. costs. expenses. affiliates. and all others acting in active concert therewith from infringing the ‘955 Patent. branches. parents. and F.S. divisions. 23 . § 285 and awarding to H-W its reasonable attorneys’ fees. and that such infringement was willful. as provided under 35 U. A judgment in favor of H-W that Defendants have infringed the ‘955 Patent. § 284. subsidiaries. and prejudgment and post-judgment interest for Defendants’ infringement of the ‘955 Patent as provided under 35 U.C. Any and all other relief to which H-W may show itself to be entitled. An award to H-W for enhanced damages resulting from the knowing. servants. and willful nature of Defendants’ prohibited conduct with notice being made at least as early as the date of the filing of this Complaint. agents. B. E. deliberate. A permanent injunction enjoining Defendants and their officers. H-W respectfully requests that this Court enter: A. requests a trial by jury of any issues so triable by right. under Rule 38 of the Federal Rules of Civil Procedure. D. directors. employees.C. A judgment and order requiring Defendants to pay H-W its damages.S.

Attorney in Charge State Bar No. L.1233 (Fax) whuff@navarrohuff. Suite 450 Dallas. Huff Winston O. 00792013 Navarro Huff. 24 .com ATTORNEYS FOR PLAINTIFF H-W TECHNOLOGY.Dated: March 30.1220 (Firm) 214. L. Market. /s/ Winston O. TX 75202 214.749.749.C. 24068745 Arthur I. Navarro State Bar No. 2011 Respectfully submitted. H-W TECHNOLOGY. Huff. PLLC 302 N.C.

Market.749. PLLC 302 N.1220 (Firm) 214.1233 (Fax) whuff@navarrohuff.C. Huff.       25 . TX 75202 214. 00792013 Navarro Huff. I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system. 2011. 24068745 Arthur I. Huff Winston O. Suite 450 Dallas.CERTIFICATE OF FILING I hereby certify that on March 30. /s/ Winston O.com ATTORNEYS FOR PLAINTIFF H-W TECHNOLOGY.749. L. Attorney in Charge State Bar No. Navarro State Bar No. Respectfully submitted.

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