Case 1:21-cv-01745-UNA Document 1 Filed 12/13/21 Page 1 of 18 PageID #: 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SISVEL INTERNATIONAL S.A.,
3G LICENSING S.A. and SISVEL S.p.A.
Civil Action No.
Plaintiffs,
v.
JURY TRIAL DEMANDED
FORD MOTOR COMPANY,
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs Sisvel International S.A., 3G Licensing S.A., and Sisvel S.p.A. (collectively,
“Plaintiffs”), for their Complaint against Defendant Ford Motor Company (“Ford” or
“Defendant”), allege the following:
NATURE OF THE ACTION
1. This is an action for patent infringement arising under the Patent Laws of the United
States, 35 U.S.C. § 1 et seq.
THE PARTIES
2. Sisvel International S.A. (“Sisvel”) is an entity organized under the laws of
Luxembourg with a place of business at 6, Avenue Marie Thérèse, 2132 Luxembourg, Grand
Duchy of Luxembourg.
3. 3G Licensing S.A. (“3G Licensing”) is also an entity organized under the laws of
Luxembourg with a place of business at 6, Avenue Marie Thérèse, 2132 Luxembourg, Grand
Duchy of Luxembourg.
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4. Sisvel S.p.A. (“Sisvel S.p.A.”) is an entity organized under the laws of Italy with a
place of business at Via Sestriere 100, 10060 None (TO) Italy. “Sisvel” is an acronym for “Società
Italiana per lo Sviluppo Dell’Elettronica.”
5. Founded in Italy in 1982, Sisvel is a world leader in fostering innovation and
managing intellectual property. Sisvel works with its partners offering a comprehensive approach
to patent licensing: from issuing initial calls for essential patents; facilitating discussions among
stakeholders; developing multiparty license agreements; executing and administering licenses; to
collecting and distributing royalties. At the same time, Sisvel actively promotes a culture of
respect and understanding of the intellectual property and innovation ecosystem through, for
example, its regular presence at the key consumer electronics trade fairs and intellectual property
events, participation in policy discussions and conferences, as well as open dialogues with a
number of government bodies, standard-setting organizations and industry associations.
6. In early 2016, Sisvel initiated licensing activities in North America via its U.S.
subsidiary, Sisvel US Inc.
7. A subsidiary of Sisvel founded in 2015, 3G Licensing, is an intellectual property
company operating in the consumer electronics and telecommunications industry. The company
is composed of specialists with an extensive experience in administering licensing programs on
behalf of third-party companies and organizations.
8. A subsidiary of Sisvel founded in 1982, Sisvel S.p.A., is an intellectual property
company operating primarily in areas of wireless communication, audio/video coding/decoding,
digital video display, and broadband technology. The company is composed of specialists with
extensive experience to support Sisvel’s efforts in licensing programs and patent pools, primarily
on behalf of third-party companies and organizations.
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9. Upon information and belief, Defendant Ford is a Delaware company having its
principal place of business at 1 American Road, Ford World Headquarters, Dearborn, Michigan
48126.
10. Defendant maintains a registered agent for service of process in Delaware at
Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
Delaware 19801. Upon information and belief, Defendant sells and offers to sell products and
services throughout the United States, including in this judicial district, and introduces products
and services that enter into the stream of commerce and that incorporate infringing technology
knowing that they would be sold in this judicial district and elsewhere in the United States.
JURISDICTION AND VENUE
11. This Court has jurisdiction over the subject matter jurisdiction of this case under
28 U.S.C. §§ 1331 (federal question) and 1338(a) (patent law – 35 U.S.C. § 101, et seq.).
12. This Court has personal jurisdiction over Defendant, because Defendant has
sufficient minimum contacts within the State of Delaware and this District, pursuant to due process
and/or the Del. Code. Ann. Tit. 3, § 3104, as Defendant has purposefully availed itself of the
privileges of conducting business in the State of Delaware by regularly conducting and soliciting
business within the State of Delaware and within this District, and because Plaintiffs’ causes of
action arise directly from Defendant’s business contacts and other activities in the State of
Delaware and this District. Further, this Court has personal jurisdiction over Defendant, because
it is incorporated in the State of Delaware and has purposely availed itself of the privileges and
benefits of the laws of the State of Delaware.
13. Venue is proper in this judicial district under 28 U.S.C. § 1400(b) because
Defendant has committed acts of infringement in this District as Defendant is incorporated in the
State of Delaware.
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ACCUSED INSTRUMENTALITIES
14. Defendant makes, uses, sells and offers for sale, provides, and causes to be used,
now and within the past six years, SYNC® Connect, FordPass SmartLink and FordPass Connect
among other such products. (Collectively “Accused Instrumentalities”.)
15. Defendant advertises the SYNC® Connect product is compliant with the 4G cellular
network standards. (See, e.g., product information for the SYNC® Connect, attached hereto as
Exhibit 1.)
16. Defendant advertises the FordPass SmartLink product is compliant with the 4G
cellular network standards. (See e.g., product information for the FordPass SmartLink, attached
hereto as Exhibit 2.)
17. Defendant advertises the FordPass Connect product is compliant with the 4G
cellular network standards. (See e.g., product information for the FordPass Connect, attached
hereto as Exhibit 3.)
18. Each of the Accused Instrumentalities are incorporated into one or more of the
vehicles Defendant manufactures, offers for sale and sells.
BACKGROUND
19. Plaintiffs is the owner by assignment of a portfolio of patents, including the patents
described in detail in the counts below (collectively, the “Asserted Patents”), that relate to
technology for cellular communications networks, including variations or generations of cellular
communication network technology such as, but not limited to 3G, and 4G.
20. Cellular communication network technology is used to provide data transmission
across mobile cellular networks.
21. U.S. Patent Nos. 7,751,803 (“the ’803 patent”) and 7,894,443 (“the ’443 patent”)
were assigned to Nokia Corporation either directly from the inventors or through mergers. In 2011
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the ’803 and the ’443 patents were assigned to a trust by Nokia Corporation. On April 10, 2012,
Sisvel obtained ownership of the ’803 and the ’443 patents.
22. U.S. Patent No. 7,979,070 (“the ’070 patent”) was assigned to Nokia Corporation
either directly from the inventors or through mergers. In 2011 the ʼ070 patent was assigned to a
trust by Nokia Corporation. On April 10, 2012, Sisvel obtained ownership of the ʼ070 patent.
23. U.S. Patent No. 8,600,383 (“the ʼ383 patent”) was assigned to Research in Motion
Ltd. from the inventors. Research in Motion Ltd. changed its name to Blackberry, Ltd. in 2013.
On November 16, 2018, the ʼ383 patents were assigned to Provenance Asset Group LLC from
Blackberry, Ltd. On April 5, 2019, Sisvel obtained ownership of the ʼ383 patents from Provenance
Asset Group LLC. On July 11, 2019, Sisvel assigned the ʼ383 patents to 3G Licensing.
24. U.S. Patent No. 8,971,279 (“the ʼ279 patent”) was assigned to LG Electronics Inc.
from the inventors. On March 28, 2014, the ʼ279 patents was assigned to Thomson Licensing SAS
from LG Electronics. On September 23, 2019, Sisvel S.p.A. obtained ownership of the ʼ279 patent
from Thomson Licensing SAS.
25. Sisvel, 3G Licensing and Sisvel S.p.A. are the rightful owners of the Asserted
Patents and hold the entire right, title and interest in the Asserted Patents.
26. Sisvel sent its first correspondence to Ford on January 6, 2017, offering a license
for patents owned and/or managed by Sisvel that are essential to cellular standards including 3G
technology. The January 6, 2017, letter included a link to materials on Sisvel’s website which
identified its 3G standard patents.
27. Sisvel and Ford engaged in additional correspondence through October 31, 2018.
On October 31, 2018, Sisvel sent Ford an email again offering to license Sisvel’s 3G and 4G
patents. Attached to the email was a letter introducing the 3G and 4G patents to be license. The
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letter contained links to brochures which listed information about the ’803, ’443, ’070, ’383, and
’279 patents. The email also included a description of the Sisvel’s license program for its 3G and
4G standard essential patents, and a draft non-disclosure agreement.
28. On June 26, 2019, Sisvel sent another correspondence introducing additional patent
portfolios to be licensed. The correspondence listed again directed Ford to the 3G and 4G
brochures which listed information about the ’803, ’443, ’070, ’383, and ’279 patents as well as
specifically listing the ’803, ’443, ’070, ’383, and ’279 patents in the correspondence. The
correspondence also discussed that the FordPass Smartlink and FordPass Connect are infringing
the offered patents.
29. After additional attempts to enter into a license, Sisvel sent another correspondence
on June 21, 2021 which included a copy of Sisvel’s Master Agreement which listed, among others,
the ’803, ’443, ’070, ’383, and ’279 patents. The correspondence also included Sisvel’s 3G and
4G brochures listing the ’803, ’443, ’070, ’383, and ’279 patents.
30. Following the June 21, 2021 letter, Sisvel and Ford exchanged additional
correspondence regarding Sisvel’s patent portfolio. Despite Sisvel’s continuous efforts over more
than one year and numerous demonstrations of infringement, Ford refused to take a license to
Sisvel’s patents.
COUNT I – INFRINGEMENT OF U.S. PATENT NO. 7,751,803
31. The allegations set forth in the foregoing paragraphs 1 through 30 are incorporated
into this First Claim for Relief.
32. On July 6, 2010, the ’803 patent, entitled “Method and Arrangement For
Optimizing the Re-Establishment of Connections In a Cellular Radio System Supporting Real
Time and Non-Real Time Communications” was duly and legally issued by the United States
Patent and Trademark Office from a patent application filed on February 22, 2001, and claims
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priority to foreign patent applications filed on February 24, 2000 and March 24, 2000. A true and
correct copy of the ’803 patent is attached as Exhibit 4.
33. Plaintiff Sisvel is the assignee and owner of the right, title and interest in and to the
ʼ803 patent, including the right to assert all causes of action arising under said patents and the right
to any remedies for infringement of them.
34. The ’803 patent relates to a system and method that Plaintiffs believe is essential
under the 3G cellular standard as explained in attached Exhibit 5. Thus, Defendant’s Accused
Instrumentalities necessarily infringing the ʼ803 patent
35. Defendant was made aware of the ʼ803 patent and its infringement thereof by
correspondence from Plaintiffs as late as October 31, 2018, as discussed in paragraph 26 above.
36. Defendant was further made aware of the ʼ803 patent and its infringement thereof
at least as early as the date of filing of this Complaint.
37. Upon information and belief, Defendant has and continue to directly infringe at
least claim 17 of the ʼ803 patent by making, using, selling, importing, offering for sale, providing,
practicing, and causing the Accused Instrumentality that infringe the patented methods.
38. Upon information and belief, these Accused Instrumentality are used, marketed,
provided to, and/or used by or for the Defendant’s partners, clients, customers/subscribers and end
users across the country and in this District.
39. Upon information and belief, Defendant has induced and continues to induce others
to infringe at least claim 17 of the ʼ803 patent under 35 U.S.C. § 271(b) by, among other things,
and with specific intent or willful blindness, actively aiding and abetting others to infringe,
including, but not limited to Defendant’s partners, clients, customers/subscribers, and end users,
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whose use of the Accused Instrumentality constitutes direct infringement of at least one claim of
the ’803 patent.
40. In particular, the Defendant’s actions that aid and abet others such as its partners,
customers/subscribers, clients, and end users to infringe include advertising and distributing the
Accused Instrumentality and providing instruction materials, training, and services regarding the
Accused Instrumentality.
41. Any party, including Defendant’s partners, clients, customers/subscribers, and end
users, using the Accused Instrumentalities necessarily infringes the ʼ803 patent because the
invention of the ʼ803 patent is required to comply with the relevant cellular standard. Defendant
advertises its Accused Instrumentalities as compliant with the relevant cellular standard, which
induces others to infringe the ʼ803 patent. Defendant has knowingly induced infringement since
at least October 31, 2018, when Defendant was first made aware of the ʼ803 patent during
extensive correspondence with Plaintiffs as discussed in paragraphs 25-29 above.
42. Upon information and belief, the Defendant are liable as a contributory infringer of
the ʼ803 patent under 35 U.S.C. § 271(c) by offering to sell, selling and importing into the United
States the Accused Instrumentality that infringe the patented methods, to be especially made or
adapted for use in an infringement of the ʼ803 patent. Each of the Accused Instrumentality is a
material component for use in practicing the ʼ803 patent and is specifically made and are not a
staple article of commerce suitable for substantial non-infringing use. In particular, each Accused
Instrumentality is advertised to be compliant with the relevant standard and primarily used in
compliance with that standard.
Plaintiffs have been harmed by Defendant’s infringing activities.
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COUNT II – INFRINGEMENT OF U.S. PATENT NO. 7,894,443
43. The allegations set forth in the foregoing paragraphs 1 through 42 are incorporated
into this Second Claim for Relief.
44. On February 22, 2011, the ’443 patent, entitled “Radio Link Control
Unacknowledged Mode Header Optimization” was duly and legally issued by the United States
Patent and Trademark Office from a patent application filed on August 23, 2006, and claims
priority to provisional patent application No. 60/710,193 filed on August 23, 2005. A true and
correct copy of the ’443 patent is attached as Exhibit 6.
45. Plaintiff Sisvel is the assignee and owner of the right, title and interest in and to the
ʼ443 patent, including the right to assert all causes of action arising under said patents and the right
to any remedies for infringement of them.
46. The ’443 patent relates to a system and method that Plaintiffs believe is essential
under the 3G cellular standard as explained in attached Exhibit 7. Thus, Defendant’s Accused
Instrumentalities necessarily infringing the ʼ443 patent
47. Defendant was made aware of the ʼ443 patent and its infringement thereof by
correspondence from Plaintiffs on October 31, 2018, as discussed in paragraph 26 above.
48. Defendant was further made aware of the ʼ803 patent and its infringement thereof
at least as early as the date of filing of this Complaint.
49. Upon information and belief, Defendant has and continue to directly infringe at
least claim 16 of the ʼ443 patent by making, using, selling, importing, offering for sale, providing,
practicing, and causing the Accused Instrumentality that infringe the patented methods.
50. Upon information and belief, these Accused Instrumentality are used, marketed,
provided to, and/or used by or for the Defendant’s partners, clients, customers/subscribers and end
users across the country and in this District.
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51. Upon information and belief, Defendant has induced and continues to induce others
to infringe at least claim 16 of the ʼ443 patent under 35 U.S.C. § 271(b) by, among other things,
and with specific intent or willful blindness, actively aiding and abetting others to infringe,
including, but not limited to Defendant’s partners, clients, customers/subscribers, and end users,
whose use of the Accused Instrumentality constitutes direct infringement of at least one claim of
the ’443 patent.
52. In particular, the Defendant’s actions that aid and abet others such as its partners,
customers/subscribers, clients, and end users to infringe include advertising and distributing the
Accused Instrumentality and providing instruction materials, training, and services regarding the
Accused Instrumentality.
53. Any party, including Defendant’s partners, clients, customers/subscribers, and end
users, using the Accused Instrumentalities necessarily infringes the ʼ443 patent because the
invention of the ʼ443 patent is required to comply with the relevant cellular standard. Defendant
advertises its Accused Instrumentalities as compliant with the relevant cellular standard, which
induces others to infringe the ʼ443 patent. Defendant has knowingly induced infringement since
at least October 31, 2018, when Defendant was first made aware of the ʼ443 patent during
extensive correspondence with Plaintiffs as discussed in paragraphs 25-29 above.
54. Upon information and belief, the Defendant are liable as a contributory infringer of
the ʼ443 patent under 35 U.S.C. § 271(c) by offering to sell, selling and importing into the United
States the Accused Instrumentality that infringe the patented methods, to be especially made or
adapted for use in an infringement of the ʼ443 patent. Each of the Accused Instrumentality is a
material component for use in practicing the ʼ443 patent and is specifically made and are not a
staple article of commerce suitable for substantial non-infringing use. In particular, each Accused
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Instrumentality is advertised to be compliant with the relevant standard and primarily used in
compliance with that standard.
55. Plaintiffs have been harmed by Defendant’s infringing activities.
COUNT III – INFRINGEMENT OF U.S. PATENT NO. 7,979,070
56. The allegations set forth in the foregoing paragraphs 1 through 55 are incorporated
into this Third Claim for Relief.
57. On July 12, 2011, the ’070 patent, entitled “Mobile Equipment for Sending an
Attach Request to a Network” was duly and legally issued the United States Patent and Trademark
Office from Patent Application No. 12/232,724 filed on September 23, 2008. The ʼ070 patent
claims priority to U.S. Patent No. 7,035,621 filed on October 13, 2000. A true and correct copy
of the ʼ070 patent is attached as Exhibit 8.
58. Plaintiff Sisvel is the assignee and owner of the right, title and interest in and to the
ʼ070 patent, including the right to assert all causes of action arising under said patents and the right
to any remedies for infringement of them.
59. The ’070 patent relates to a system and method that Plaintiffs believe is essential
under the 4G cellular standard as explained in attached Exhibit 9. Thus, Defendant’s Accused
Instrumentalities necessarily infringing the ʼ443 patent
60. Defendant was made aware of the ʼ070 patent and its infringement thereof by
correspondence from Plaintiffs on October 31, 2018, as discussed in paragraph 26 above.
61. Defendant was further made aware of the ʼ070 patent and its infringement thereof
at least as early as the date of filing of this Complaint.
62. Upon information and belief, Defendant has and continue to directly infringe at
least claims 1, 2 and/or 5 of the ʼ070 patent by making, using, selling, importing, offering for sale,
providing, practicing, and causing the Accused Instrumentality that infringe the patented methods.
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63. Upon information and belief, these Accused Instrumentality are used, marketed,
provided to, and/or used by or for the Defendant’s partners, clients, customers/subscribers and end
users across the country and in this District.
64. Upon information and belief, Defendant has induced and continues to induce others
to infringe at least claims 1, 2 and/or 5 of the ʼ070 patent under 35 U.S.C. § 271(b) by, among
other things, and with specific intent or willful blindness, actively aiding and abetting others to
infringe, including, but not limited to Defendant’s partners, clients, customers/subscribers, and end
users, whose use of the Accused Instrumentality constitutes direct infringement of at least one
claim of the ’070 patent.
65. In particular, the Defendant’s actions that aid and abet others such as its partners,
customers/subscribers, clients, and end users to infringe include advertising and distributing the
Accused Instrumentality and providing instruction materials, training, and services regarding the
Accused Instrumentality.
66. Any party, including Defendant’s partners, clients, customers/subscribers, and end
users, using the Accused Instrumentalities necessarily infringes the ʼ070 patent because the
invention of the ʼ070 patent is required to comply with the relevant cellular standard. Defendant
advertises its Accused Instrumentalities as compliant with the relevant cellular standard, which
induces others to infringe the ʼ070 patent. Defendant has knowingly induced infringement since
at least October 31, 2018, when Defendant was first made aware of the ʼ070 patent during
extensive correspondence with Plaintiffs as discussed in paragraphs 25-29 above.
67. Upon information and belief, the Defendant are liable as a contributory infringer of
the ʼ070 patent under 35 U.S.C. § 271(c) by offering to sell, selling and importing into the United
States the Accused Instrumentality that infringe the patented methods, to be especially made or
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adapted for use in an infringement of the ʼ070 patent. Each of the Accused Instrumentality is a
material component for use in practicing the ʼ070 patent and is specifically made and are not a
staple article of commerce suitable for substantial non-infringing use. In particular, each Accused
Instrumentality is advertised to be compliant with the relevant standard and primarily used in
compliance with that standard.
68. Plaintiffs have been harmed by Defendant’s infringing activities.
COUNT IV – INFRINGEMENT OF U.S. PATENT NO. 8,600,383
69. The allegations set forth in the foregoing paragraphs 1 through 68 are incorporated
into this Fourth Claim for Relief.
70. On December 3, 2013, the ’383 patent, entitled “Apparatus and Method for Making
Measurements in Mobile Telecommunications System User Equipment” was duly and legally
issued by the United States Patent and Trademark Office from Patent Application No. 13/617,241
filed on September 24, 2012. The ʼ383 patent claims priority to U.S. Patent No. 7,463,887 filed
on August 18, 2004. A true and correct copy of the ʼ383 patent is attached as Exhibit 10.
71. Plaintiff 3G Licensing is the assignee and owner of the right, title and interest in
and to the ʼ383 patent, including the right to assert all causes of action arising under said patents
and the right to any remedies for infringement of them.
72. The ’070 patent relates to a system and method that Plaintiffs believe is essential
under the 4G cellular standard as explained in attached Exhibit 11. Thus, Defendant’s Accused
Instrumentalities necessarily infringing the ʼ443 patent
73. Defendant was made aware of the ʼ383 patent and its infringement thereof by
correspondence from Plaintiffs on October 31, 2018, as discussed in paragraph 26 above.
74. Defendant was further made aware of the ʼ383 patent and its infringement thereof
at least as early as the date of filing of this Complaint.
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75. Upon information and belief, Defendant has and continue to directly infringe at
least claims 1, 9, 17, 25, 49, 58, 66, 74, 82, and/or 90 of the ʼ383 patent by making, using, selling,
importing, offering for sale, providing, practicing, and causing the Accused Instrumentality that
infringe the patented methods.
76. Upon information and belief, these Accused Instrumentality are used, marketed,
provided to, and/or used by or for the Defendant’s partners, clients, customers/subscribers and end
users across the country and in this District.
77. Upon information and belief, Defendant has induced and continues to induce others
to infringe at least claims 1, 9, 17, 25, 49, 58, 66, 74, 82, and/or 90 of the ʼ383 patent under 35
U.S.C. § 271(b) by, among other things, and with specific intent or willful blindness, actively
aiding and abetting others to infringe, including, but not limited to Defendant’s partners, clients,
customers/subscribers, and end users, whose use of the Accused Instrumentality constitutes direct
infringement of at least one claim of the ’383 patent.
78. In particular, the Defendant’s actions that aid and abet others such as its partners,
customers/subscribers, clients, and end users to infringe include advertising and distributing the
Accused Instrumentality and providing instruction materials, training, and services regarding the
Accused Instrumentality.
79. Any party, including Defendant’s partners, clients, customers/subscribers, and end
users, using the Accused Instrumentalities necessarily infringes the ʼ383 patent because the
invention of the ʼ383 patent is required to comply with the relevant cellular standard. Defendant
advertises its Accused Instrumentalities as compliant with the relevant cellular standard, which
induces others to infringe the ʼ383 patent. Defendant has knowingly induced infringement since
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at least October 31, 2018, when Defendant was first made aware of the ʼ383 patent during
extensive correspondence with Plaintiffs as discussed in paragraphs 25-29 above.
80. Upon information and belief, the Defendant are liable as a contributory infringer of
the ʼ383 patent under 35 U.S.C. § 271(c) by offering to sell, selling and importing into the United
States the Accused Instrumentality that infringe the patented methods, to be especially made or
adapted for use in an infringement of the ʼ383 patent. Each of the Accused Instrumentality is a
material component for use in practicing the ʼ383 patent and is specifically made and are not a
staple article of commerce suitable for substantial non-infringing use. In particular, each Accused
Instrumentality is advertised to be compliant with the relevant standard and primarily used in
compliance with that standard.
81. Plaintiffs have been harmed by Defendant’s infringing activities.
COUNT IV – INFRINGEMENT OF U.S. PATENT NO. 8,971,279
82. The allegations set forth in the foregoing paragraphs 1 through 81 are incorporated
into this Fourth Claim for Relief.
83. On March 3, 2015, the ’279 patent, entitled “Method and Apparatus for Indicating
Deactivation of Semi-Persistent Scheduling” was duly and legally issued by the United States
Patent and Trademark Office from Patent Application No. 13/791,421 filed on March 8, 2013.
The ʼ279 patent claims priority to U.S. Provisional Patent Application Nos. 61/114,440 filed on
November 13, 2008, and 61/119,375 filed on December 3, 2008. A true and correct copy of the
ʼ279 patent is attached as Exhibit 12.
84. Plaintiff Sisvel S.p.A. is the assignee and owner of the right, title and interest in and
to the ʼ279 patent, including the right to assert all causes of action arising under said patents and
the right to any remedies for infringement of them.
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85. The ’279 patent relates to a system and method that Plaintiffs believe is essential
under the 4G cellular standard as explained in attached Exhibit 13. Thus, Defendant’s Accused
Instrumentalities necessarily infringing the ʼ279 patent
86. Defendant was made aware of the ʼ279 patent and its infringement thereof by
correspondence from Plaintiffs on October 31, 2018, as discussed in paragraph 26 above.
87. Defendant was further made aware of the ʼ383 patent and its infringement thereof
at least as early as the date of filing of this Complaint.
88. Upon information and belief, Defendant has and continue to directly infringe at
least claims 1 and/or 11 of the ’279 patent by making, using, selling, importing, offering for sale,
providing, practicing, and causing the Accused Instrumentality that infringe the patented methods.
89. Upon information and belief, these Accused Instrumentality are used, marketed,
provided to, and/or used by or for the Defendant’s partners, clients, customers/subscribers and end
users across the country and in this District.
90. Upon information and belief, Defendant has induced and continues to induce others
to infringe at least claims 1 and/or 11 of the ’279 patent under 35 U.S.C. § 271(b) by, among other
things, and with specific intent or willful blindness, actively aiding and abetting others to infringe,
including, but not limited to Defendant’s partners, clients, customers/subscribers, and end users,
whose use of the Accused Instrumentality constitutes direct infringement of at least one claim of
the ’279 patent.
91. In particular, the Defendant’s actions that aid and abet others such as its partners,
customers/subscribers, clients, and end users to infringe include advertising and distributing the
Accused Instrumentality and providing instruction materials, training, and services regarding the
Accused Instrumentality.
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92. Any party, including Defendant’s partners, clients, customers/subscribers, and end
users, using the Accused Instrumentalities necessarily infringes the ʼ279 patent because the
invention of the ʼ279 patent is required to comply with the relevant cellular standard. Defendant
advertises its Accused Instrumentalities as compliant with the relevant cellular standard, which
induces others to infringe the ʼ279 patent. Defendant has knowingly induced infringement since
at least October 31, 2018, when Defendant was first made aware of the ʼ279 patent during
extensive correspondence with Plaintiffs as discussed in paragraphs 25-29 above.
93. Upon information and belief, the Defendant are liable as a contributory infringer of
the ʼ279 patent under 35 U.S.C. § 271(c) by offering to sell, selling and importing into the United
States the Accused Instrumentality that infringe the patented methods, to be especially made or
adapted for use in an infringement of the ʼ279 patent. Each of the Accused Instrumentality is a
material component for use in practicing the ʼ279 patent and is specifically made and are not a
staple article of commerce suitable for substantial non-infringing use. In particular, each Accused
Instrumentality is advertised to be compliant with the relevant standard and primarily used in
compliance with that standard.
94. Plaintiffs have been harmed by Defendant’s infringing activities.
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs demand a trial by
jury on all issues triable as such.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs demand judgment for itself and against Defendant as follows:
A. An adjudication that Defendant has infringed the ʼ803, ʼ443, ’070,’383 and ʼ279
patents;
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B. An award of damages to be paid by Defendant adequate to compensate Plaintiffs
for Defendant’s past infringement of the ʼ803, ʼ443, ’070,’383 and ʼ279 patents,
and any continuing or future infringement through the date such judgment is
entered, including interest, costs, expenses and an accounting of all infringing acts
including, but not limited to, those acts not presented at trial;
C. A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
Plaintiffs’ reasonable attorneys’ fees; and
D. An award to Plaintiffs of such further relief at law or in equity as the Court deems
just and proper.
Dated: December 13, 2021 DEVLIN LAW FIRM LLC
/s/ Timothy Devlin
Timothy Devlin (No. 4241)
[email protected] 1526 Gilpin Avenue
Wilmington, Delaware 19806
Telephone: (302) 449-9010
Facsimile: (302) 353-4251
Attorneys for Plaintiffs
SISVEL INTERNATIONAL S.A.
3G LICENSING S.A. and SISVEL S.p.A.
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