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RUSS AUGUST & KABAT Marc A. Fenster, State Bar No. 181067 Email: mfenster@raklaw.com Irene Y. Lee, State Bar No. 213625 Email: ilee@raklaw.com Twelfth Floor 12424 Wilshire Boulevard Los Angeles, California 90025 Telephone: 310.826.7474 Facsimile: 310.826.6991 Attorneys for Plaintiff Development Innovation Group, LLC UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No. '11CV2150 DMS NLS

Development Innovation Group, LLC, Plaintiff, v. 1. 2. 3. 4. 5. 6. 7. 8. 9. Nokia Inc.; Personal Communications Devices, LLC; Personal Communications Devices Holdings, LLC; Pantech Wireless, Inc.; Cellco Partnership d/b/a Verizon Wireless; AT&T Mobility, LLC; Sprint Spectrum L.P.; T-Mobile USA, Inc.; Cricket Communications, Inc.;

COMPLAINT; AND DEMAND FOR JURY TRIAL

10. Leap Wireless International, Inc. 11. Virgin Mobile USA, L.P.; 12. United States Cellular Corporation;
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13. MetroPCS Wireless, Inc.; 14. TracFone Wireless, Inc.; 15. Boost Mobile, LLC; 16. Samsung Telecommunications America, Inc.; 17. Samsung Telecommunications America LLC; 18. Research In Motion Corporation; 19. Motorola Mobility, Inc.; 20. HTC America, Inc.; 21. Sharp Electronics Corporation; 22. UTStarcom, Inc. 23. Hewlett-Packard Company; 24. Sony Ericsson Mobile Communications (USA), Inc.; 25. Futurewei Technologies, Inc. dba Huawei; 26. ZTE (USA) Inc.; 27. Kyocera Wireless Corp.; and 28. Sanyo North America Corporation, Defendants.

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Plaintiff Development Innovation Group, LLC, (DIG) alleges as follows: PARTIES 1. Development Innovation Group, LLC is a Delaware limited liability

company with a principal place of business at 10755 Scripps Poway Pkwy, San Diego, California 92131. 2. On information and belief, defendant Nokia Inc. (Nokia) is a

Delaware corporation with its principal place of business at 6000 Connection Drive, #18-931, Irving, Texas 75039. Nokia has appointed National Register

Agents, Inc., 160 Greentree Drive, Suite 101, Dover, Delaware 19904, as its agent for service of process. 3. On information and belief, defendant Personal Communications

Devices LLC is a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of business at 555 Wireless Blvd., Hauppage, New York 11788. 4. Defendant Personal Communications Devices Holdings, LLC, on

information and belief, is a wholly-owned subsidiary of defendant Personal Communications Devices LLC and is a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of business at 555 Wireless Blvd., Hauppage, New York 11788. 5. Defendant Personal Communications Devices LLC and defendant

Personal Communications Devices Holdings, LLC will be referred to herein individually and collectively as the PCD Defendants. On information and belief, PCD Defendants have appointed California Civil Process, Inc., 1510 Merkley Avenue, Suite Five, West Sacramento, California 95691, as their agent for services of process. 6. On information and belief, defendant Pantech Wireless, Inc.

(Pantech) is a Georgia corporation with its principal place of business located at

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5607 Glenridge Drive, Suite 500, Atlanta, Georgia 30342. Pantech has appointed Kathleen Elizabeth Jones, Secretary, Pantech Wireless, Inc., 5607 Glenridge Drive, Suite 500, Atlanta, Georgia 30342, as its agent for service of process. 7. On information and belief, defendant, Cellco Partnership, doing

business as Verizon Wireless (Verizon), is a Delaware general partnership with its principal place of business at 1 Verizon Way, Basking Ridge, New Jersey 07920-1025. Verizon has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 8. On information and belief, defendant AT&T Mobility, LLC

(AT&T), formerly named Cingular Wireless, LLC, is a Delaware limited liability company and a wholly-owned subsidiary of AT&T, Inc., with its principal place of business at 5565 Glenridge Connector, Atlanta, Georgia 30342. AT&T has appointed The Corporation Trust Company, Corporation Trust Center 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 9. On information and belief, defendant Sprint Spectrum L.P. (Sprint)

is a Delaware limited partnership with its principal place of business at 2001 Edmund Halley Drive, Reston, Virginia 20191. Sprint has appointed Corporation Service Company, 2711 Centerville, Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 10. On information and belief, defendant T-Mobile USA, Inc. (T-

Mobile) is a Delaware corporation, with its principal place of business at 12920 SE 38th Street, Bellevue, Washington 98006. T-Mobile has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 11. On information and belief, defendant Cricket Communications, Inc.

(Cricket) is a Delaware corporation, with its principal place of business at 10307

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Pacific Center Court, San Diego, California 92121.

Cricket has appointed

Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 12. On information and belief, defendant Leap Wireless International, Inc.

(Leap) is a Delaware corporation, with its principal place of business at 5887 Copley Drive, San Diego, CA 92111. Leap has appointed The Prentice-Hall

Corporation System, Inc., 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 13. On information and belief, defendant Virgin Mobile USA, L.P.

(Virgin) is a Delaware limited partnership, with its principal place of business at 10 Independence Boulevard, Warren, New Jersey 07059. Virgin has appointed Corporation Service Company, 2711 Centerville, Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 14. On information and belief, defendant United States Cellular

Corporation (U.S. Cellular) is a Delaware corporation, with its principal place of business at 8410 West Bryn Mawr, Suite 700, Chicago, Illinois 60631. U.S. Cellular has appointed The Prentice-Hall Corporation System, Inc., 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 15. On information and belief, defendant MetroPCS Wireless, Inc.

(MetroPCS) is a Delaware corporation with its principal place of business at 8144 Walnut Hill Lane, Suite 800, Dallas, Texas 75231. MetroPCS has appointed The Prentice-Hall Corporation System, Inc., 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 16. On information and belief, defendant TracFone Wireless, Inc.

(TracFone) is a Delaware corporation, with its principal place of business at 9700 NW 112th Avenue, Medley, Florida 33178.
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TracFone has appointed

COMPLAINT; AND DEMAND FOR JURY TRIAL

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Corporate Creations Network Inc., 2411 Silverside Road Rodney Building, No. 104, Wilmington, Delaware 19810, as its agent for service of process. 17. On information and belief, defendant Boost Mobile, LLC (Boost

Mobile) is a Delaware limited liability company, with its principal place of business at 6200 Spring Parkway, Overland Park, Kansas 66251. Boost has

appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 18. On information and belief, defendant Samsung Telecommunications

America, Inc. is a Delaware corporation with its principal place of business at 1301 Lookout Drive, Richardson, Texas 75082. 19. On information and belief, defendant Samsung Telecommunications

America, LLC is a Delaware limited liability company with its principal place of business at 1301 Lookout Drive, Richardson, Texas 75082. 20. Defendant Samsung Telecommunications America, Inc. and

defendant Samsung Telecommunications America, LLC will be referred to herein individually and collectively as the Samsung. On information and belief,

Samsung has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 21. On information and belief, defendant Research In Motion Corporation

(RIM) is a Delaware corporation, with its principal place of business at 122 West John Carpenter Parkway, Suite 430, Irving, Texas 75039. RIM has appointed The California Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 22. On information and belief, defendant Motorola Mobility, Inc.

(Motorola) is a Delaware corporation with its principal place of business at 600 North U.S. Highway 45, Libertyville, Illinois 60048. Motorola has appointed The

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Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 23. On information and belief, defendant HTC America, Inc. (HTC) is a

Washington corporation with its principal place of business at 13920 SE Eastgate Way, Suite 400, Bellevue, Washington 98005. HTC has appointed National

Registered Agents, Inc., 1780 Barnes Blvd. SW, Tumwater, Washington 98512, as its agent for service of process. 24. On information and belief, defendant Sharp Electronics Corporation

(Sharp) is a New York corporation with a principal place of business at 1 Sharp Plaza, Mahwah, New Jersey 07495. Sharp has appointed C T Corporation System, 111 8th Avenue, New York, New York 10011, as its agent for service of process. 25. On information and belief, defendant UTStarcom, Inc. (UTStarcom)

is a Delaware corporation with a principal place of business at 1275 Harbor Bay Parkway, Suite 100, Alameda, California 94502. UTStarcom has appointed James Lee, 1275 Harbor Bay Parkway, Alameda, California 94502, as its agent for service of process. 26. On information and belief, defendant Hewlett-Packard Company

(HP) is a California corporation with its principal place of business at 3000 Hanover Street, Palo Alto, California, 94304. HP has appointed CT Corporation System, 818 West Seventh Street, Los Angeles, California 90017, as its agent for service of process. 27. On information and belief, defendant Sony Ericsson Mobile

Communications (USA), Inc. (Sony Ericsson) is a Delaware corporation, with its principal place of business located at 7001 Development Drive, Research Triangle Park, North Carolina, 27709. Sony Ericsson has appointed Capital Services Inc., 1675 South State Street, Suite B, Dover, Delaware 19901, as its agent for service of process.
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28.

On information and belief, defendant Futurewei Technologies, Inc.

dba Huawei (Huawei) is a Texas corporation with its principal place of business at 1700 Alma Drive, Suite 100, Plano, Texas 75075. Huawei has appointed The California Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 29. On information and belief, defendant ZTE (USA) Inc. is a New Jersey

corporation with its principal place of business at 2425 N. Central Expressway, Richardson, Texas 75080. ZTE has appointed Lixin Cheng, 33 Wood Avenue South, 2nd Floor, Iselin, New Jersey 08830, as its agent for service of process. 30. On information and belief, defendant Kyocera Wireless Corp.

(Kyocera) is a Delaware corporation with its principal place of business at 10300 Campus Point Drive, San Diego, California, 92121-1511. Kyocera has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 31. On information and belief, defendant Sanyo North America

Corporation, (Sanyo) is a Delaware corporation, with its principal place of business at 2055 Sanyo Avenue, San Diego, California, 92154. Sanyo has

appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 32. Defendants Verizon, AT&T, Sprint, T-Mobile, Cricket, Leap, Virgin

Mobile, U.S. Cellular, MetroPCS, TracFone, and Boost Mobile are hereinafter collectively referred to as Communications Handset Carriers. 33. Defendants Nokia, PCD Defendants, Pantech, Samsung, RIM,

Motorola, HTC, Sharp, UTStarcom, HP, Sony Ericsson, Huawei, ZTE, Kyocera, and Sanyo are hereinafter collectively referred to as Communications Handset Manufacturers.

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JURISDICTION AND VENUE 34. This action arises under the patent laws of the United States, Title 35

of the United States Code. Accordingly, this Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). 35. Venue is proper in this district under 28 U.S.C. 1391 (b)-(d) and

1400(b) because each defendant is subject to personal jurisdiction in this district, has committed or induced acts of patent infringement in this district, or has a regular and established place of business in this district. COUNT I (Infringement of U.S. Patent No. 6,138,245) 36. DIG is the owner by assignment of United States Patent No.

6,138,245 (the 245 patent), entitled System and Method for Automatic Device Synchronization. The 245 patent issued on October 24, 2000. A true and correct copy of the 245 patent is attached hereto as Exhibit A. 37. Each of the Communications Handset Carriers has infringed and still

is infringing the 245 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, and/or importing mobile communication devices. 38. Each of the Communications Handset Manufacturer has infringed and

still is infringing the 245 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices. 39. As a result of each defendants infringement of the 245 patent, DIG

has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless each defendants infringing activities are enjoined by this Court.

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40.

Unless a permanent injunction is issued enjoining each defendant and

its agents, servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from infringing the 245 patent, DIG will suffer irreparable harm. COUNT II (Infringement of U.S. Patent No. 6,278,887) 41. DIG is the owner by assignment of United States Patent No.

6,278,887 (the 887 patent), entitled System and Method for Power Conservation in a Wireless Communication Handset. The 887 patent issued on August 21, 2001. A true and correct copy of the 887 patent is attached hereto as Exhibit B. 42. Each of the Communications Handset Carriers has infringed and still

is infringing the 887 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices. 43. Each of the Communications Handset Manufacturer has infringed and

still is infringing the 887 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices. 44. As a result of each defendants infringement of the 887 patent, DIG

has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless each defendants infringing activities are enjoined by this Court. 45. Unless a permanent injunction is issued enjoining each defendant and

its agents, servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from infringing the 887 patent, DIG will suffer irreparable harm.
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COUNT III (Infringement of U.S. Patent No. 6,212,408) 46. DIG is the owner by assignment of United States Patent No.

6,212,408 (the 408 patent), entitled Voice Command System and Method. The 408 patent issued on April 3, 2001. A true and correct copy of the 408 patent is attached hereto as Exhibit C. 47. Each of the Communications Handset Carriers has infringed and still

is infringing the 408 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices. 48. Each of the Communications Handset Manufacturer has infringed and

still is infringing the 408 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing mobile communication devices. 49. As a result of each defendants infringement of the 408 patent, DIG

has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless each defendants infringing activities are enjoined by this Court. 50. Unless a permanent injunction is issued enjoining each defendant and

its agents, servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from infringing the 408 patent, DIG will suffer irreparable harm. PRAYER FOR RELIEF DIG prays for the following relief: 1. 2. A judgment that each defendant has infringed the 245 patent; A permanent injunction enjoining each defendant and its officers,

directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries,

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parents, and all others acting in concert or privity with it from infringing the 245 patent; 3. An accounting for damages arising from the infringement of the 245

patent by each defendant and all those in privity with it, including loss of market share; 4. 5. A judgment that each defendant has infringed the 887 patent; A permanent injunction enjoining each defendant and its officers,

directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in concert or privity with it from infringing the 887 patent; 6. An accounting for damages arising from the infringement of the 887

patent by each defendant and all those in privity with it, including loss of market share; 7. 8. A judgment that each defendant has infringed the 408 patent; A permanent injunction enjoining each defendant and its officers,

directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in concert or privity with it from infringing the 408 patent; 9. An accounting for damages arising from the infringement of the 408

patent by each defendant and all those in privity with it, including loss of market share; 10. An award of damages resulting from each defendant's acts of

infringement in accordance with 35 U.S.C. 284; 11. A judgment and order finding that this is an exceptional case within

the meaning of 35 U.S.C. 285 and awarding to DIG its reasonable attorneys fees against each defendant;

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12.

A judgment and order requiring defendants to provide an accounting

and to pay supplemental damages to DIG, including without limitation, prejudgment and post-judgment interest; and 13. Any and all other relief to which DIG may show itself to be entitled. Respectfully submitted, RUSS AUGUST & KABAT Marc A. Fenster Irene Y. Lee By: /s/ Marc A. Fenster Marc A. Fenster DEMAND FOR JURY TRIAL Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff Development Innovation Group, LLC demands a trial by jury on all issues so triable. DATED: September 15, 2011 Respectfully submitted, RUSS AUGUST & KABAT Marc A. Fenster Irene Y. Lee By: /s/ Marc A. Fenster Marc A. Fenster

DATED: September 15, 2011

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'11CV2150 DMS NLS