UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION

SMARTPHONE TECHNOLOGIES, LLC, Plaintiff, v. APPLE, INC., AT&T, INC., and AT&T MOBILITY LLC, Defendants.

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Case No.: 6:13-cv-196

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement in which plaintiff, SmartPhone Technologies LLC (“SmartPhone”), complains against defendants, Apple, Inc. (“Apple”), AT&T, Inc. (“AT&T”) and AT&T Mobility LLC (“ATTM”), as follows: THE PARTIES 1. SmartPhone is a Texas limited liability company with its principal place of

business at 2400 Dallas Parkway, Suite 200, Plano, Texas 75093. 2. On information and belief, Apple is a California corporation with its principal

place of business at 1 Infinite Loop, Cupertino, California 95014 and does business in this judicial district at 6121 West Park Boulevard, Plano, Texas 75093, and by, among other things, committing directly and/or indirectly the tort of patent infringement giving rise to this complaint. Apple’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul Street, Dallas, Texas 75201.

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3.

On information and belief, AT&T, Inc. is a Delaware corporation with its

principal place of business at 208 Akard Street, Dallas, Texas 75202 and regularly does business throughout this judicial district. AT&T’s registered agent for service of process in Texas is CT Corporation Systems, 350 N. St. Paul St., Dallas, Texas 75201. 4. On information and belief, ATTM is a Delaware corporation with its principal

place of business at 1025 Lenox Park Blvd. NE, Atlanta, Georgia 30319 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. ATTM’s registered agent for service of process in Texas is CT Corporation System, 350 N. St. Paul St., Dallas, Texas 75201. JURISDICTION AND VENUE 5. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 6. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and

1400(b). On information and belief, each defendant has purposely transacted business in this judicial district and has committed acts of joint, direct and/or indirect infringement in this judicial district. 7. On information and belief, each defendant is subject to this Court’s specific

and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to their substantial business in this forum, including: (A) at least part of their infringing activities alleged herein, and (B) regularly doing or soliciting business, engaging in others persistent causes of conduct, and/or deriving substantial revenue from goods and services provided to persons and other entities in Texas and this judicial district.

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COUNT I (INFRINGEMENT OF U.S. PATENT NO. 7,076,275) 8. SmartPhone is the exclusive licensee of United States patent number

7,076,275, entitled “Method And System For Single-Step Enablement Of Telephony Functionality For A Portable Computer System” (“the ‘275 patent”) with ownership of all substantial rights in the ‘275 patent, including the right exclude others and to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘275 patent is attached as Exhibit A. 9. On information and belief, Apple is directly and/or indirectly infringing at least

one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation iPhones, such as the iPhone4S. Apple and users of such devices have at a minimum directly infringed the ‘275 patent and Apple is thereby liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271. Apple has caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 10. On information and belief, AT&T and ATTM are jointly, directly and/or

indirectly infringing at least one claim of the ‘275 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation iPhones as set forth above. AT&T, ATTM and users of iPhones have at a minimum directly infringed the ‘275 patent and AT&T and ATTM are thereby liable for infringement of the ‘275 patent pursuant to 35 U.S.C. § 271. AT&T and ATTM have caused damage to

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SmartPhone, which infringement and damage will continue unless and until AT&T and ATTM ares enjoined. 11. The infringement by each defendant identified in this Count has caused

irreparable injury to SmartPhone for which remedies at law are inadequate. Considering the balance of the hardships between the parties, a remedy in equity, such as a permanent injunction, is warranted and such a remedy would be in the public interest. COUNT II (INFRINGEMENT OF U.S. PATENT NO. 7,506,064) 12. SmartPhone is the exclusive licensee of United States patent number

7,506,064, entitled “Handheld Computer System That Attempts To Establish An Alternative Network Link Upon Failing To Establish A Requested Network Link” (“the ‘064 patent”) with ownership of all substantial rights in the ‘064 patent, including the right to exclude others and to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘064 patent is attached as Exhibit B. 13. On information and belief, Apple is directly and/or indirectly infringing at least

one claim of the ‘064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation iPhones, such as the iPhone4S, and iPads, such as the iPad2, iPad3, iPad4 and iPad mini. Apple and users of such devices have at a minimum directly infringed the ‘064 patent and Apple is thereby liable for infringement of the ‘064 patent pursuant to 35 U.S.C. § 271. Apple has caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined.

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14.

On information and belief, AT&T and ATTM are jointly, directly and/or

indirectly infringing at least one claim of the ‘064 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation iPhones and iPads as set forth above. AT&T, ATTM and users of iPhones and iPads have at a minimum directly infringed the ‘064 patent and AT&T and ATTM are thereby liable for infringement of the ‘064 patent pursuant to 35 U.S.C. § 271. AT&T and ATTM have caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and ATTM are enjoined. 15. The infringement by each defendant identified in this Count has caused

irreparable injury to SmartPhone for which remedies at law are inadequate. Considering the balance of the hardships between the parties, a remedy in equity, such as a permanent injunction, is warranted and such a remedy would be in the public interest. COUNT III (INFRINGEMENT OF U.S. PATENT NO. 7,533,342) 16. SmartPhone is the exclusive licensee of United States patent number

7,533,342, entitled “System And Method Of A Personal Computer Device Providing Telephone Capability” (“the ‘342 patent”) with ownership of all substantial rights in the ‘342 patent, including the right to exclude others and to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ‘342 patent is attached as Exhibit C. 17. On information and belief, Apple is directly and/or indirectly infringing at least

one claim of the ‘342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing

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computerized communications devices including without limitation iPhones, such as the iPhone4S. Apple and users of such devices have at a minimum directly infringed the ‘342 patent and Apple is thereby liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271. Apple has caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 18. On information and belief, AT&T and ATTM are jointly, directly and/or

indirectly infringing at least one claim of the ‘342 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation iPhones as set forth above. AT&T, ATTM and users of iPhones have at a minimum directly infringed the ‘342 patent and AT&T and ATTM are thereby liable for infringement of the ‘342 patent pursuant to 35 U.S.C. § 271. AT&T and ATTM have caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and ATTM are enjoined. 19. The infringement by each defendant identified in this Count has caused

irreparable injury to SmartPhone for which remedies at law are inadequate. Considering the balance of the hardships between the parties, a remedy in equity, such as a permanent injunction, is warranted and such a remedy would be in the public interest. COUNT IV (INFRINGEMENT OF U.S. PATENT NO. RE. 40,459) 20. SmartPhone is the exclusive licensee of United States reissue patent number

40,459, entitled “Method And Apparatus For Communicating Information Over Low Bandwidth Communications Networks” (“the ‘459 patent”) with ownership of all substantial rights in the ‘459 patent, including the right to exclude other s and to sue and recover damages

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for the past and future infringement thereof. A true and correct copy of the ‘459 patent is attached as Exhibit D. 21. On information and belief, Apple is directly and/or indirectly infringing at least

one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation iPhones, such as the iPhone4S, and iPads, such as the iPad2, iPad3, iPad4 and iPad mini. Apple and users of such devices have at a minimum directly infringed the ‘459 patent and Apple is thereby liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271. Apple has caused damage to SmartPhone, which infringement and damage will continue unless and until Apple is enjoined. 22. On information and belief, AT&T and ATTM are jointly, directly and/or

indirectly infringing at least one claim of the ‘459 patent in this judicial district and elsewhere in Texas and the United States by, among other things, making, using, offering for sale, selling and/or importing computerized communications devices including without limitation iPhones and iPads as set forth above. AT&T, ATTM and users of iPhones and iPads have at a minimum directly infringed the ‘459 patent and AT&T and ATTM are thereby liable for infringement of the ‘459 patent pursuant to 35 U.S.C. § 271. AT&T and ATTM have caused damage to SmartPhone, which infringement and damage will continue unless and until AT&T and ATTM are enjoined. 23. The infringement by each defendant identified in this Count has caused

irreparable injury to SmartPhone for which remedies at law are inadequate. Considering the

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balance of the hardships between the parties, a remedy in equity, such as a permanent injunction, is warranted and such a remedy would be in the public interest. PRAYER FOR RELIEF Wherefore, SmartPhone respectfully requests that this Court enter: A. A judgment in favor of SmartPhone that each defendant has infringed the ‘275,

‘064, ‘342 and ‘459 patents as aforesaid; B. A permanent injunction enjoining each defendant, its officers, directors,

agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents and all others acting in active concert or privity therewith from direct, indirect and/or joint infringement of the ‘275, ‘064, ‘342, and ‘459 patents as aforesaid pursuant to 35 U.S.C. § 283; C. A judgment and order requiring each defendant to pay SmartPhone its damages

with pre- and post-judgment interest thereon pursuant to 35 U.S.C. § 284; D. Any and all further relief to which the Court may deem SmartPhone entitled. DEMAND FOR JURY TRIAL SmartPhone requests a trial by jury on all issues so triable by right pursuant to Fed. R. Civ. P. 38.

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Respectfully submitted, SMARTPHONE TECHNOLOGIES LLC

Dated: February 25, 2013

/s/ Paul J. Hayes w/permission Claire Henry Paul J. Hayes Dean G. Bostock Paul J. Cronin James C. Hall HAYES BOSTOCK & CRONIN LLC 300 Brickstone Square, 9th Floor Andover, MA 01810 Tel: (978) 809-3850 Fax: (978) 809-3869 Email: phayes@hbcllc.com Email: dbostock@hbcllc.com Email: jhall@hbcllc.com Email: pcronin@hbcllc.com T. John Ward, Jr. Texas State Bar No. 00794818 J. Wesley Hill Texas State Bar No. 24032294 Claire Abernathy Henry Texas State Bar No. 24053063 WARD & SMITH LAW FIRM 1127 Judson Rd., Ste. 220 Longview, TX 75605 Tel: (903) 757-6400 Fax: (903) 757-2323 Email: jw@wsfirm.com Email: wh@wsfirm.com Email: claire@wsfirm.com ATTORNEYS FOR PLAINTIFF SMARTPHONE TECHNOLOGIES, INC.

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