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7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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Michael J. Malecek (StateEmail address: michael.Marisa Armanino WilliaEmail address: marisa.arRobert S. Magee (State BEmail address: robert.maKAYE SCHOLER LLPTwo Palo Alto Square, S3000 El Camino RealPalo Alto, California 943Telephone: (650) 319-45Facsimile: (650) 319-47
Terence P. Woodsome (SEmail address: twde@cyCYPRESS SEMICOND198 Champion CourtSan Jose, California 9513Telephone: (408) 544-10
Facsimile: (408) 456-182Attorneys for PlaintiffCYPRESS SEMICOND
CYPRESS SEMICOND
CORPORATION,
Pla
v.
BLACKBERRY LIMITEBLACKBERRY CORPO
De
COMPLAINT FOR PATENT INFRINGEMENT
Bar No. 171034)[email protected] (State Bar No. 264907)[email protected]
r No. 271443)[email protected]
ite 400
0600
ate Bar No. 240908)ress.com
CTOR CORPORATION
5
1
CTOR CORPORATION
UNITED STATES DISTRICT COURT
ORTHERN DISTRICT OF CALIFORNIA
CTOR
ntiff,
D andATION,
endants.
Case No.
COMPLAINT FINFRINGEME
JURY TRIAL D
R PATENTT
MANDED
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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Plaintiff Cypress
1. Cypress is
Delaware with its princip
California. Cypress is a s
provide customers with ra
innovations are used in a
telecommunication equip
as well as in military com
2. On inform
Motion Ltd.) is a corporat
place of business at 295 P
3. On inform
In Motion Corporation) is
Corporation is a corporati
a principal place of busin
4. As further
(collectively, BlackBerr
multiple Cypress patents.
5. This actio
seq. This Court has subje
1338(a).
6. This Court
Northern District of Calif
BlackBerry maintains offi
within this District, and o
belief, BlackBerry derive
1
COMPLAINT FOR PATENT INFRINGEMENT
emiconductor Corporation (Cypress or Plai
PARTIES
a corporation organized and existing under the l
l place of business located at 198 Champion C
pplier of high-performance, mixed-signal, pro
pid time-to-market and exceptional system valu
ide variety of consumer electronics, such as n
ent, touchscreen devices, mobile handsets, vid
unication devices.
tion and belief, Defendant BlackBerry Limited
ion organized and existing under the laws of Ca
hillip Street, Waterloo, Ontario, Canada N2L 3
tion and belief, Defendant BlackBerry Corpora
a wholly owned subsidiary of BlackBerry Limi
on organized and existing under the laws of the
ss located at 5000 Riverside Drive, Irving, Tex
described below, BlackBerry Limited and Blac
) manufacture and sell mobile phones and oth
JURISDICTION AND VENUE
arises under the patent laws of the United State
ct matter jurisdiction over this action under 28
has personal jurisdiction over BlackBerry and
rnia pursuant to 28 U.S.C. 1391(b) and (c) a
ces in this District, transacts business involving
fers infringing products for sale in this District.
significant revenue from the sale of infringing
tiff) alleges:
aws of the State of
urt, San Jose,
rammable solutions that
e. Cypresss
tworking and
eo and imaging devices,
(formerly Research In
nada with a principal
8.
tion (formerly Research
ted. BlackBerry
State of Delaware with
s 75039.
Berry Corporation
r products that infringe
s, 35 U.S.C. 100, et
.S.C. 1331 and
enue is proper in the
d 1400(b).
infringing products
On information and
products distributed and
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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used within this District,
consequences within this
international commerce.
7. This is an
pursuant to Civil Local R
8. For over th
semiconductor technolog
PSoC 5 programmable s
user interface solutions in
trackpad solutions for not
universal serial bus (US
range of consumer and in
access memory (SRAM
9. To develo
continuous investments in
been essential to its succe
organization works closel
semiconductor designs an
10. To protect
intellectual property. Cyp
variety of semiconductor-
patent applications. Cypr
applications directed towa
11. To protect
leading-edge technology
marketplace, Cypress can
2
COMPLAINT FOR PATENT INFRINGEMENT
nd/or expects or should reasonably expect its a
istrict, and derives substantial revenue from in
INTRADISTRICT ASSIGNMENTntellectual Property Action to be assigned on a
le 3-2(c).
BACKGROUND
irty years, Cypress has been a pioneer and mar
. Cypress products include the PSoC 1, PSo
ystem-on-chip families, and Cypress is the wor
cluding CapSense touch sensing, TrueTouch
book PCs and peripherals. Cypress is also the
) controllers, which enhance connectivity and
ustrial products. Cypress is also the world lea
) and nonvolatile RAM memories.
its industry-leading products, Cypress has mad
research and development (R&D). Cypress
s as a supplier of semiconductor solutions. Cy
with its manufacturing facilities, suppliers an
d lower manufacturing costs.
these critical R&D efforts, Cypress places a hig
ress has applied for and received over 2000 pat
elated technologies, and has more than 800 pe
ss has over 250 issued U.S. patents and over 2
rds USB and touchscreen technology.
the interests of Cypresss customers, who bene
nd rely upon Cypress's proprietary solutions to
ot allow unauthorized use of its intellectual pr
tions to have
terstate and
district-wide basis
et innovator in
3, PSoC 4, and
d leader in capacitive
touchscreens, and
orld leader in
performance in a wide
er in static random
e extensive and
s R&D efforts have
resss R&D
customers to improve
h value on its
nts worldwide in a
ding U.S. and foreign
0 pending U.S. patent
it from Cypresss
compete in the
perty.
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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12. On Januar
legally issued United Stat
System and Method, to
correct copy of the 103 p
13. On June 1
issued United States Pate
Interface System and Met
and correct copy of the 8
14. On Decem
legally issued United Stat
Reconfiguring a Peripher
Simulating a Physical Dis
Cypress owns the 770 pa
attached as Exhibit C to t
15. On August
legally issued United Stat
Buttons, to Cypress. Cy
the 497 patent is attache
16. On Novem
legally issued United Stat
Sensing Matrix for Keybo
assignment. A true and c
17. On August
legally issued United Stat
Methods for Detecting a
patent by assignment. A t
Complaint.
3
COMPLAINT FOR PATENT INFRINGEMENT
CYPRESS PATENTS
4, 2000, the United States Patent and Tradema
s Patent No. 6,012,103 (the 103 patent), ent
ypress. Cypress owns the 103 patent by assig
atent is attached as Exhibit A to this Complaint.
, 2001, the United States Patent and Trademark
t No. 6,249,825 (the 825 patent), entitled
od, to Cypress. Cypress owns the 825 paten
5 patent is attached as Exhibit B to this Compl
er 10, 2002, the United States Patent and Trad
s Patent No. 6,493,770 (the 770 patent), ent
l Device by Downloading Information from a
connection and Reconnection to Reconfigure th
ent by assignment. A true and correct copy of
is Complaint.
23, 2011, the United States Patent and Tradem
s Patent No. 8,004,497 (the 497 patent), ent
ress owns the 497 patent by assignment. A tr
as Exhibit D to this Complaint.
ber 15, 2011, the United States Patent and Trad
s Patent No. 8,059,015 (the 015 patent), ent
ard Architecture, to Cypress. Cypress owns t
rrect copy of the 015 patent is attached as Exh
27, 2013, the United States Patent and Tradem
s Patent No. 8,519,973 (the 973 patent), ent
onductive Object at a Location, to Cypress.
rue and correct copy of the 973 patent is attac
k Office duly and
tled Bus Interface
ment. A true and
Office duly and legally
niversal Serial Bus
by assignment. A true
aint.
mark Office duly and
tled System for
ost and Electronically
e Device, to Cypress.
he 770 patent is
rk Office duly and
tled Two-Pin
e and correct copy of
mark Office duly and
tled Capacitance
e 015 patent by
ibit E to this Complaint.
rk Office duly and
tled Apparatus and
ypress owns the 973
ed as Exhibit F to this
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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18. The 103 p
Cypress USB Patents.
as the Cypress Touchscr
Patents).
19. The produ
more claims of the Cypre
9800 mobile phone and as
other BlackBerry mobile
peripheral components th
architecture (collectively,
products and parts in this
the exemplary products a
products and parts with re
discontinued, current or f
20. The produ
more claims of the Cypre
Torch 9800 mobile phone
as other BlackBerry mobi
peripheral components th
and/or architecture (collec
identification of products
information and belief, th
representative of all Blac
and/or architecture, whet
21. The Black
Products (collectively, the
use.
4
COMPLAINT FOR PATENT INFRINGEMENT
atent, 825 patent, and 770 patent will be refer
he 497 patent, 015 patent, and 973 patent wi
en Patents (and together with the USB Patents
INFRINGEMENT BY BLACKBERRY
ts manufactured, imported and sold by BlackB
s USB Patents include, but are not limited to, t
sociated software, firmware, and peripheral co
hones, tablets, and products, and associated so
t incorporate the same or similar USB features,
the BlackBerry Infringing USB Products). T
Complaint is by way of example only, and on i
d parts identified in this Complaint are represe
asonably similar features, functionality and/or a
ture.
ts manufactured, imported and sold by BlackB
s Touchscreen patents include, but are not limit
and associated software, firmware, and periphe
e phones, tablets, and products, and associated
t incorporate the same or similar touchscreen f
tively, the BlackBerry Infringing Touchscreen
and parts in this Complaint is by way of exampl
exemplary products and parts identified in this
Berry products and parts with reasonably simil
er discontinued, current or future.
erry Infringing USB Products and BlackBerry
BlackBerry Infringing Products) have no su
ed to below as the
ll be referred to below
, the Asserted
rry that infringe one or
e BlackBerry Torch
ponents, as well as
tware, firmware, and
functionality, and/or
e identification of
formation and belief,
tative of all BlackBerry
rchitecture, whether
rry that infringe one or
ed to, the BlackBerry
ral components, as well
software, firmware, and
atures, functionality,
Products). The
e only, and on
Complaint are
r features, functionality
Infringing Touchscreen
stantial non-infringing
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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22. According
information and belief, th
customers in the United S
manuals and other inform
Infringing Products, and
2011 that the BlackBerry
more of the Asserted Pate
with BlackBerrys instruc
the Asserted Patents.
23. BlackBerr
Patents. In an effort to re
made BlackBerry aware o
Touchscreen Patents in F
notice, on information an
24. Cypress in
though set forth in full he
25. Cypress ha
for sale, sell, or import int
patent.
26. BlackBerr
by making, using, importi
in the United States.
27. BlackBerr
2011.
28. BlackBerr
patent by inducing end-us
5
COMPLAINT FOR PATENT INFRINGEMENT
to BlackBerrys website and other publicly ava
BlackBerry Infringing Products are sold to dis
ates. These distributors and end customers are
ation that instruct downstream users how to ope
lackBerry provides these instructions while kn
nfringing Products infringe multiple Cypress p
ts. Sale or use of the BlackBerry Infringing Pr
ions on how to operate these devices constitute
is aware that the BlackBerry Infringing Produ
olve BlackBerrys infringement without resorti
f the Cypress USB Patents in October 2011 and
bruary 2012, and on multiple subsequent occas
belief, BlackBerry continued infringing the As
FIRST CLAIM FOR RELIEF(Infringement of the 103 Patent)
orporates and realleges the allegations of the p
ein.
s not licensed or otherwise authorized BlackBe
o the United States any products that embody t
has directly infringed and continues to directl
ng, offering for sale or selling the BlackBerry I
has had actual knowledge of the 103 patent si
has indirectly infringed and continues to indir
ers to infringe the 103 patent by using the Blac
lable documents, and on
ributors and end
supplied with user
rate the BlackBerry
wing since at least
tents, including one or
oducts in accordance
s direct infringement of
ts infringe the Asserted
g to litigation, Cypress
the Cypress
ons. Despite this
serted Patents.
eceding paragraphs as
ry to make, use, offer
e inventions of the 103
infringe the 103 patent
fringing USB Products
nce at least October 10,
ctly infringe the 103
kBerry Infringing USB
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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Products. BlackBerry int
by marketing, selling, and
one BlackBerry end custo
instructed by BlackBerry.
the BlackBerry Infringing
downstream users how to
use in accordance with su
manuals and other inform
infringe multiple Cypress
customers or distributors i
infringement of the 103
willfully blind to the fact,
29. BlackBerr
patent by contributing to
USB Products. BlackBer
the component is not a co
supplied the component
was especially made or a
30. BlackBerr
271.
31. Cypress ha
activities and will continu
infringing activities are e
32. On inform
be, willful, wanton, and d
patent.
6
COMPLAINT FOR PATENT INFRINGEMENT
ntionally took action that induced end-users to
supporting the infringing devices. On informa
mer or distributor has directly infringed the 10
For example, BlackBerry supplies end custom
USB Products with user manuals and other inf
operate the BlackBerry Infringing USB Produc
h instructions infringes the 103 patent. As de
ation supplied by BlackBerry, the BlackBerry I
patents. Sale or use of the BlackBerry Infringi
n accordance with BlackBerrys instructions co
atent. BlackBerry had awareness of the 103 p
that its actions would cause direct infringement
has indirectly infringed and continues to indir
irect infringement by end-users who use the Bl
y supplied a component whose use by downstr
mon component suitable for non-infringing us
ith the knowledge of the 103 patent and knowl
apted for use in an infringing manner.
s actions are in violation of one or more of the
s been damaged and irreparably injured by Blac
e to be so damaged and irreparably injured unle
joined by this Court.
tion and belief, BlackBerrys infringement has
liberate, without license or excuse and with ful
infringe the 103 patent
ion and belief, at least
patent by acting as
rs and distributors of
rmation that instruct
s, with knowledge that
ailed by the user
fringing USB Products
g USB Products by end
nstitutes direct
tent and knew, or was
by end-users.
ctly infringe the 103
ckBerry Infringing
am users is infringing;
e; and BlackBerry
edge that the component
provisions of 35 U.S.C.
kBerrys infringing
ss BlackBerrys
been, and continues to
knowledge of the 103
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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33. Cypress in
though set forth in full he
34. Cypress ha
for sale, sell, or import int
patent.
35. BlackBerr
by making, using, importi
in the United States.
36. BlackBerr
2011.
37. BlackBerr
patent by inducing end-us
Products. BlackBerry int
by marketing, selling, and
one BlackBerry end custo
instructed by BlackBerry.
the BlackBerry Infringing
downstream users how to
use in accordance with su
manuals and other inform
infringe multiple Cypress
customers or distributors i
infringement of the 825
willfully blind to the fact,
38. BlackBerr
patent by contributing to
7
COMPLAINT FOR PATENT INFRINGEMENT
SECOND CLAIM FOR RELIEF(Infringement of the 825 Patent)
orporates and realleges the allegations of the p
ein.
s not licensed or otherwise authorized BlackBe
o the United States any products that embody t
has directly infringed and continues to directl
ng, offering for sale or selling the BlackBerry I
has had actual knowledge of the 825 patent si
has indirectly infringed and continues to indir
ers to infringe the 825 patent by using the Blac
ntionally took action that induced end-users to
supporting the infringing devices. On informa
mer or distributor has directly infringed the 82
For example, BlackBerry supplies end custom
USB Products with user manuals and other inf
operate the BlackBerry Infringing USB Produc
h instructions infringes the 825 patent. As det
ation supplied by BlackBerry, the BlackBerry I
patents. Sale or use of the BlackBerry Infringi
n accordance with BlackBerrys instructions co
atent. BlackBerry had awareness of the 825 p
that its actions would cause direct infringement
has indirectly infringed and continues to indir
irect infringement by end-users who use the Bl
eceding paragraphs as
ry to make, use, offer
e inventions of the 825
infringe the 825 patent
fringing USB Products
nce at least October 10,
ctly infringe the 825
kBerry Infringing USB
infringe the 825 patent
ion and belief, at least
patent by acting as
rs and distributors of
rmation that instruct
s, with knowledge that
ailed by the user
fringing USB Products
g USB Products by end
nstitutes direct
tent and knew, or was
by end-users.
ctly infringe the 825
ckBerry Infringing
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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USB Products. BlackBer
the component is not a co
supplied the component
was especially made or a
39. BlackBerr
271.
40. Cypress ha
activities and will continu
infringing activities are e
41. On inform
be, willful, wanton, and d
patent.
42. Cypress in
though set forth in full he
43. Cypress ha
for sale, sell, or import int
patent.
44. BlackBerr
by making, using, importi
in the United States.
45. BlackBerr
2011.
46. BlackBerr
patent by inducing end-us
Products. BlackBerry int
by marketing, selling, and
one BlackBerry end custo
8
COMPLAINT FOR PATENT INFRINGEMENT
y supplied a component whose use by downstr
mon component suitable for non-infringing us
ith the knowledge of the 825 patent and knowl
apted for use in an infringing manner.
s actions are in violation of one or more of the
s been damaged and irreparably injured by Blac
e to be so damaged and irreparably injured unle
joined by this Court.
tion and belief, BlackBerrys infringement has
liberate, without license or excuse and with ful
THIRD CLAIM FOR RELIEF(Infringement of the 770 Patent)
orporates and realleges the allegations of the p
ein.
s not licensed or otherwise authorized BlackBe
o the United States any products that embody t
has directly infringed and continues to directl
ng, offering for sale or selling the BlackBerry I
has had actual knowledge of the 770 patent si
has indirectly infringed and continues to indir
ers to infringe the 770 patent by using the Blac
ntionally took action that induced end-users to
supporting the infringing devices. On informa
mer or distributor has directly infringed the 77
am users is infringing;
e; and BlackBerry
edge that the component
provisions of 35 U.S.C.
kBerrys infringing
ss BlackBerrys
been, and continues to
knowledge of the 825
eceding paragraphs as
ry to make, use, offer
e inventions of the 770
infringe the 770 patent
fringing USB Products
nce at least October 10,
ctly infringe the 770
kBerry Infringing USB
infringe the 770 patent
ion and belief, at least
patent by acting as
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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instructed by BlackBerry.
the BlackBerry Infringing
downstream users how to
use in accordance with su
manuals and other inform
infringe multiple Cypress
customers or distributors i
infringement of the 770
willfully blind to the fact,
47. BlackBerr
patent by contributing to
USB Products. BlackBer
the component is not a co
supplied the component
was especially made or a
48. BlackBerr
271.
49. Cypress ha
activities and will continu
infringing activities are e
50. On inform
be, willful, wanton, and d
patent.
51. Cypress in
though set forth in full he
52. Cypress ha
9
COMPLAINT FOR PATENT INFRINGEMENT
For example, BlackBerry supplies end custom
USB Products with user manuals and other inf
operate the BlackBerry Infringing USB Produc
h instructions infringes the 770 patent. As det
ation supplied by BlackBerry, the BlackBerry I
patents. Sale or use of the BlackBerry Infringi
n accordance with BlackBerrys instructions co
atent. BlackBerry had awareness of the 770 p
that its actions would cause direct infringement
has indirectly infringed and continues to indir
irect infringement by end-users who use the Bl
y supplied a component whose use by downstr
mon component suitable for non-infringing us
ith the knowledge of the 770 patent and knowl
apted for use in an infringing manner.
s actions are in violation of one or more of the
s been damaged and irreparably injured by Blac
e to be so damaged and irreparably injured unle
joined by this Court.
tion and belief, BlackBerrys infringement has
liberate, without license or excuse and with ful
FOURTH CLAIM FOR RELIEF(Infringement of the 497 Patent)
orporates and realleges the allegations of the p
ein.
s not licensed or otherwise authorized BlackBe
rs and distributors of
rmation that instruct
s, with knowledge that
ailed by the user
fringing USB Products
g USB Products by end
nstitutes direct
tent and knew, or was
by end-users.
ctly infringe the 770
ckBerry Infringing
am users is infringing;
e; and BlackBerry
edge that the component
provisions of 35 U.S.C.
kBerrys infringing
ss BlackBerrys
been, and continues to
knowledge of the 770
eceding paragraphs as
ry to make, use, offer
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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for sale, sell, or import int
patent.
53. BlackBerr
by making, using, importi
Products in the United Sta
54. BlackBerr
2012.
55. BlackBerr
patent by inducing end-us
Touchscreen Products. B
the 497 patent by market
belief, at least one Black
by acting as instructed by
distributors of the BlackB
information that instruct
Touchscreen Products, wi
497 patent. As detailed
BlackBerry Infringing To
BlackBerry Infringing To
BlackBerrys instructions
awareness of the 497 pat
cause direct infringement
56. BlackBerr
patent by contributing to
Touchscreen Products. B
infringing; the component
BlackBerry supplied the c
the component was especi
10
COMPLAINT FOR PATENT INFRINGEMENT
o the United States any products that embody t
has directly infringed and continues to directl
ng, offering for sale or selling the BlackBerry I
tes.
has had actual knowledge of the 497 patent si
has indirectly infringed and continues to indir
ers to infringe the 497 patent by using the Blac
ackBerry intentionally took action that induced
ng, selling, and supporting the infringing devic
erry end customer or distributor has directly in
BlackBerry. For example, BlackBerry supplies
erry Infringing Touchscreen Products with user
ownstream users how to operate the BlackBerr
th knowledge that use in accordance with such i
y the user manuals and other information suppl
chscreen Products infringe multiple Cypress p
chscreen Products by end customers or distrib
constitutes direct infringement of the 497 pate
nt and knew, or was willfully blind to the fact,
by end-users.
has indirectly infringed and continues to indir
irect infringement by end-users who use the Bl
ackBerry supplied a component whose use by
is not a common component suitable for non-i
omponent with the knowledge of the 497 pate
ally made or adapted for use in an infringing m
e inventions of the 497
infringe the 497 patent
fringing Touchscreen
nce at least February 6,
ctly infringe the 497
kBerry Infringing
end-users to infringe
s. On information and
ringed the 497 patent
end customers and
manuals and other
Infringing
nstructions infringes the
ed by BlackBerry, the
tents. Sale or use of the
tors in accordance with
t. BlackBerry had
that its actions would
ctly infringe the 497
ckBerry Infringing
ownstream users is
fringing use; and
t and knowledge that
nner.
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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57. BlackBerr
271.
58. Cypress ha
activities and will continu
infringing activities are e
59. On inform
be, willful, wanton, and d
patent.
60. Cypress in
though set forth in full he
61. Cypress ha
for sale, sell, or import int
patent.
62. BlackBerr
by making, using, importi
Products in the United Sta
63. BlackBerr
2012.
64. BlackBerr
patent by inducing end-us
Touchscreen Products. B
the 015 patent by market
belief, at least one Black
by acting as instructed by
distributors of the BlackB
information that instruct
Touchscreen Products, wi
11
COMPLAINT FOR PATENT INFRINGEMENT
s actions are in violation of one or more of the
s been damaged and irreparably injured by Blac
e to be so damaged and irreparably injured unle
joined by this Court.
tion and belief, BlackBerrys infringement has
liberate, without license or excuse and with ful
FIFTH CLAIM FOR RELIEF(Infringement of the 015 Patent)
orporates and realleges the allegations of the p
ein.
s not licensed or otherwise authorized BlackBe
o the United States any products that embody t
has directly infringed and continues to directl
ng, offering for sale or selling the BlackBerry I
tes.
has had actual knowledge of the 015 patent si
has indirectly infringed and continues to indir
ers to infringe the 015 patent by using the Blac
ackBerry intentionally took action that induced
ng, selling, and supporting the infringing devic
erry end customer or distributor has directly in
BlackBerry. For example, BlackBerry supplies
erry Infringing Touchscreen Products with user
ownstream users how to operate the BlackBerr
th knowledge that use in accordance with such i
provisions of 35 U.S.C.
kBerrys infringing
ss BlackBerrys
been, and continues to
knowledge of the 497
eceding paragraphs as
ry to make, use, offer
e inventions of the 015
infringe the 015 patent
fringing Touchscreen
nce at least February 6,
ctly infringe the 015
kBerry Infringing
end-users to infringe
s. On information and
ringed the 015 patent
end customers and
manuals and other
Infringing
nstructions infringes the
7/29/2019 Cypress Semiconductor v. BlackBerry et. al.
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015 patent. As detailed
BlackBerry Infringing To
BlackBerry Infringing To
BlackBerrys instructions
awareness of the 015 pat
cause direct infringement
65. BlackBerr
patent by contributing to
Touchscreen Products. B
infringing; the component
BlackBerry supplied the c
the component was especi
66. BlackBerr
271.
67. Cypress ha
activities and will continu
infringing activities are e
68. On inform
be, willful, wanton, and d
patent.
69. Cypress in
though set forth in full he
70. Cypress ha
for sale, sell, or import int
patent.
71. BlackBerr
by making, using, importi
12
COMPLAINT FOR PATENT INFRINGEMENT
y the user manuals and other information suppl
chscreen Products infringe multiple Cypress p
chscreen Products by end customers or distrib
constitutes direct infringement of the 015 pate
nt and knew, or was willfully blind to the fact,
by end-users.
has indirectly infringed and continues to indir
irect infringement by end-users who use the Bl
ackBerry supplied a component whose use by
is not a common component suitable for non-i
omponent with the knowledge of the 015 pate
ally made or adapted for use in an infringing m
s actions are in violation of one or more of the
s been damaged and irreparably injured by Blac
e to be so damaged and irreparably injured unle
joined by this Court.
tion and belief, BlackBerrys infringement has
liberate, without license or excuse and with ful
SIXTH CLAIM FOR RELIEF(Infringement of the 973 Patent)
orporates and realleges the allegations of the p
ein.
s not licensed or otherwise authorized BlackBe
o the United States any products that embody t
has directly infringed and continues to directl
ng, offering for sale or selling the BlackBerry I
ed by BlackBerry, the
tents. Sale or use of the
tors in accordance with
t. BlackBerry had
that its actions would
ctly infringe the 015
ckBerry Infringing
ownstream users is
fringing use; and
t and knowledge that
nner.
provisions of 35 U.S.C.
kBerrys infringing
ss BlackBerrys
been, and continues to
knowledge of the 015
eceding paragraphs as
ry to make, use, offer
e inventions of the 973
infringe the 973 patent
fringing Touchscreen
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Products in the United Sta
72. BlackBerr
10, 2013.
73. BlackBerr
patent by inducing end-us
Touchscreen Products. B
the 973 patent by market
belief, at least one Black
by acting as instructed by
distributors of the BlackB
information that instruct
Touchscreen Products, wi
973 patent. As detailed
BlackBerry Infringing To
BlackBerry Infringing To
BlackBerrys instructions
awareness of the 973 pat
cause direct infringement
74. BlackBerr
patent by contributing to
Touchscreen Products. B
infringing; the component
BlackBerry supplied the c
the component was especi
75. BlackBerr
271.
76. Cypress ha
activities and will continu
13
COMPLAINT FOR PATENT INFRINGEMENT
tes.
has had actual knowledge of the 973 patent si
has indirectly infringed and continues to indir
ers to infringe the 973 patent by using the Blac
ackBerry intentionally took action that induced
ng, selling, and supporting the infringing devic
erry end customer or distributor has directly in
BlackBerry. For example, BlackBerry supplies
erry Infringing Touchscreen Products with user
ownstream users how to operate the BlackBerr
th knowledge that use in accordance with such i
y the user manuals and other information suppl
chscreen Products infringe multiple Cypress p
chscreen Products by end customers or distrib
constitutes direct infringement of the 973 pate
nt and knew, or was willfully blind to the fact,
by end-users.
has indirectly infringed and continues to indir
irect infringement by end-users who use the Bl
ackBerry supplied a component whose use by
is not a common component suitable for non-i
omponent with the knowledge of the 973 pate
ally made or adapted for use in an infringing m
s actions are in violation of one or more of the
s been damaged and irreparably injured by Blac
e to be so damaged and irreparably injured unle
nce at least September
ctly infringe the 973
kBerry Infringing
end-users to infringe
s. On information and
ringed the 973 patent
end customers and
manuals and other
Infringing
nstructions infringes the
ed by BlackBerry, the
tents. Sale or use of the
tors in accordance with
t. BlackBerry had
that its actions would
ctly infringe the 973
ckBerry Infringing
ownstream users is
fringing use; and
t and knowledge that
nner.
provisions of 35 U.S.C.
kBerrys infringing
ss BlackBerrys
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infringing activities are e
77. On inform
be, willful, wanton, and d
patent.
WHEREFORE, C
a. Enter judg
825, and 770 patents an
015, and 973 patents;
b. Enter an or
agents, servants, employe
active concert or participa
the United States or impo
Asserted Patents;
c. Award Cy
infringement in an amoun
d. Find this t
e. Award Cy
and award Cypress its cos
f. Perform a
award Cypress additional
g. Award Cy
Court deems just and app
14
COMPLAINT FOR PATENT INFRINGEMENT
joined by this Court.
tion and belief, BlackBerrys infringement has
liberate, without license or excuse and with ful
PRAYER FOR RELIEF
press requests that this Court grant the followi
ent that the BlackBerry Infringing USB Produ
the BlackBerry Infringing Touchscreen Produ
der permanently enjoining BlackBerry and its o
s, attorneys, licensees, successors, assigns, and
tion with any of them, from making, using, offe
ting into the United States any devices that infr
ress its damages, including lost profits, resultin
t to be determined at trial, pursuant to 35 U.S.C
be an exceptional case pursuant to 35 U.S.C.
ress prejudgment interest and post-judgment in
ts;
accounting of BlackBerrys infringing sales no
damages from any such infringing sales; and
ress its costs and attorneys fees and such othe
opriate.
been, and continues to
knowledge of the 973
g relief:
cts infringe the 103,
ts infringe the 497,
fficers, directors,
customers, and those in
ring to sell, or selling in
nge any claim of the
g from BlackBerrys
. 284;
285;
terest on its damages
t presented at trial and
and further relief as the
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Pursuant to Rule 3
trial by jury on all issues r
Dated: September 10, 20
15
DEMAND FOR JURY TRIAL
8(b) of the Federal Rules of Civil Procedure, C
aised by the Complaint.
3 Respectfully submitted,
KAYE SCHOLER LLP
By /s/ Michael J. Male
Michael J. Malecek
Attorneys for Plaint
CYPRESS SEMIC
CORPORATION
press hereby demands
ek
ff
NDUCTOR