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Plaintiffs, Uniloc 2017 LLC and Uniloc Licensing USA LLC (together “Uniloc”), for their
THE PARTIES
1. Uniloc 2017 LLC is a Delaware limited liability company having addresses at 1209
Orange Street, Wilmington, Delaware 19801, 620 Newport Center Drive, Newport Beach,
California 92660 and 102 N. College Avenue, Suite 303, Tyler, Texas 75702.
addresses at 1209 Orange Street, Wilmington, Delaware 19801, 620 Newport Center Drive,
Newport Beach, California 92660 and 102 N. College Avenue, Suite 303, Tyler, Texas 75702.
3. Uniloc holds all substantial rights, title and interest in and to U.S. Patent No.
business at 12535 Riata Vista Circle and 5501 West Parmer Lane, Austin, Texas. Altogether,
Apple employs thousands of people, including hundreds of engineers, who work at these locations
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in Texas. The work done at these Apple locations in Austin, Texas includes work related to
Apple’s FaceTime functionality that Apple incorporates into its current iPhones, iPads, iPods and
MacBooks. Apple can electronically access documents at its facilities in California and elsewhere
from these locations in Austin, Texas, as found, inter alia, in e-Watch Inc. v. Apple Inc., 2016
WL 7338342 (E.D. Tex. Dec. 19, 2016) and TracBeam, LLC v. Apple Inc., 2015 WL 5786449
5. Apple also operates brick-and-mortar Apple Stores at Barton Creek Square, Austin
and at Apple Domain Northside, Austin, Texas. See www.apple.com/retail/. Apple uses, offers
for sale and sells iPhones, iPads, iPods and Mac products that include Apple’s FaceTime
functionality at these Apple Stores. Apple may be served with process through its registered
agent for service in Texas: CT Corporation System, 1999 Bryant Street, Suite 900, Dallas, Texas
75201.
JURISDICTION
6. Uniloc brings this action for patent infringement under the patent laws of the United
States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331
and 1338(a).
COUNT I
(INFRINGEMENT OF U.S. PATENT NO. 8,539,552)
8. The ’552 Patent describes in detail and claims in various ways inventions in
multimedia networks.
solutions described and claimed in the ’552 Patent were not conventional or generic at the time of
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their respective inventions but involved novel and non-obvious approaches to the problems and
10. The inventions claimed in the ’552 Patent involve and cover more than just the
performance of well-understood, routine, and conventional activities known to the industry prior
to the invention of such novel and non-obvious methods, systems and devices.
11. The inventions claimed in the ’552 Patent represent technological solutions to
technological problems. The written description of the ’552 Patent describes in technical detail
each of the limitations of the claims, allowing a person of ordinary skill in the art to understand
what the limitations cover and how the non-conventional and non-generic combination of claim
elements differ markedly from and improved upon what may have been considered conventional
or generic.
Apple imports, makes, uses, offers for sale and/or sells in the United States computer network
communications between Apple FaceTime-enabled devices including the following: iPhone4 and
later versions; iPad2 and later versions; iPad Mini; iPod Touch 4th gen. and later versions and
12. The FaceTime Servers communicate with Apple FaceTime-enabled devices over
packet-based networks, such as WiFi and/or cellular 3G and LTE telephone networks.
registers, e.g. via SMS messaging for iPhones, with one or more FaceTime Servers (e.g. IP
17.155.5.251) that establishes a binding, for example using Apple’s push notification servers, with
the Apple FaceTime-enabled device’s address (phone number in the case of iPhones, Apple ID for
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other devices). The FaceTime Server stores caller IDs and uses them to authenticate FaceTime
users’ devices.
14. A user having multiple active telephone numbers and/or email addresses may select
and store one number/address that will serve as the user’s caller ID.
15. When a user initiates a FaceTime call from an Apple FaceTime-enabled device, the
device sends an encrypted query to one or more FaceTime Server(s) indicating that a FaceTime
session is desired and to obtain the IP address of the target Apple FaceTime-enabled device.
16. The FaceTime Server receiving the query determines whether the intended target
is a registered authorized FaceTime user and, if so, sets up the FaceTime connection. When the
connection is established, the target’s device displays either the sender’s telephone number or
email address, depending upon which identifier the sender has selected to be his/her caller ID.
17. Once the connection has been authenticated and established by the FaceTime
Server, the sender and the target can communicate over the WiFI or 3G/LTE network using the
18. Apple has infringed, and continues to infringe, at least claims 1, 5-9, 18-21 and 23
of the ’552 Patent in the United States by importing, making, using, offering for sale and/or selling
19. Apple may have infringed the ’552 Patent through other software and devices
utilizing the same or reasonably similar FaceTime Server functionality as described above.
20. Uniloc has been damaged by Apple’s infringement of the ’552 Patent.
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(B) awarding Uniloc its damages suffered as a result of Apple’s infringement of the
’552 Patent;
(C) awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
(D) granting Uniloc such further relief as the Court finds appropriate.
Uniloc demands trial by jury of all issues so triable under Fed. R. Civ. P. 38.
Shawn Latchford
shawn@nbafirm.com
Texas State Bar No. 24066603
NELSON BUMGARDNER ALBRITTON P.C.
111 West Tyler Street
Longview, Texas 75601
Tel: (903) 757-8449
Fax: (903) 758-7397