Case 6:22-cv-00667 Document 1 Filed 06/24/22 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION

WFR IP LLC, )
Plaintiff, )
) Civil Action No. 6:22-cv-00667
v. )
)
APPLE, INC., )
Defendant. ) JURY TRIAL DEMANDED
)

PLAINTIFF’S ORIGINAL COMPLAINT

Plaintiff WFR IP LLC (“WFR”) files this Original Complaint and demand for jury trial

seeking relief from patent infringement of the claims of US Patent Nos. 7,505,793 (“the ‘793

patent”) and 9,438,984 (“the ‘984 patent”) (collectively referred to as the “Patents-in-Suit”) by

Apple, Inc. (“Apple”).

I. THE PARTIES

1. WFR IP LLC is a Texas limited liability corporation with its principal place of business

located in Travis County, Texas.

2. On information and belief, Defendant Apple, Inc. (“Apple”) is a corporation organized and

existing under the laws of California having a principal place of business at 1 Apple Park Way,

Cupertino, California 95014 and has regular and established places of business through this

District, including at least 2901 S. Capital of Texas Hwy, Austin, Texas 78746, and is authorized

to do business in Texas. Defendant can be served through its registered agent, located at CT

Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201, at its place of business,

or anywhere ese it may be found.

II. JURISDICTION AND VENUE

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3. This Court has original subject-matter jurisdiction over the entire action pursuant to 28

U.S.C. §§ 1331 and 1338(a) because Plaintiff’s claim arises under an Act of Congress relating to

patents, namely, 35 U.S.C. § 271.

4. This Court has personal jurisdiction over Defendant because: (i) Defendant is present

within or has minimum contacts within the State of Texas and this judicial district; (ii) Defendant

has purposefully availed itself of the privileges of conducting business in the State of Texas and

in this judicial district; and (iii) Plaintiff’s cause of action arises directly from Defendant’s business

contacts and other activities in the State of Texas and in this judicial district.

5. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and 1400(b). Defendant has

committed acts of infringement and has a regular and established place of business in this District.

Further, venue is proper because Defendant conducts substantial business in this forum, directly

or through intermediaries, including: (i) at least a portion of the infringements alleged herein; and

(ii) regularly doing or soliciting business, engaging in other persistent courses of conduct and/or

deriving substantial revenue from goods and services provided to individuals in Texas and this

District.

III. INFRINGEMENT

A. Infringement of the ‘793 Patent

6. On March 17, 2009, U.S. Patent No. 7,505,793 (“the ’793 patent”, included as an

attachment) entitled “Data Sharing Using Distributed Cache In A Network Of Heterogeneous

Computers” was duly and legally issued by the U.S. Patent and Trademark Office. Plaintiff owns

the ‘793 patent by assignment.

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7. The ‘793 patent relates to novel and improved apparatuses and systems of wireless earpiece

and wearable piece assemblies.

8. On information and belief, Defendant makes, uses, offers for sale, and sells wireless

earpiece and wearable piece products and services through its website and other sources that

infringe one or more of claims 5, 6, 8-11, and 15-19 of the ‘793 patent, literally or under the

doctrine of equivalents. Defendant put the inventions claimed by the ‘793 patent into service (i.e.,

used them); but for Defendant’s actions, the claimed-inventions embodiments involving

Defendant’s products and services would never have been put into service. Defendant’s acts

complained of herein caused those claimed-invention embodiments as a whole to perform, and

Defendant’s procurement of monetary and commercial benefit from it.

9. Support for the allegations of infringement may be found in the following exemplary table

included as Exhibit A. These allegations of infringement are preliminary and are therefore subject

to change.

10. Defendant has and continues to induce infringement. Defendant has actively encouraged

or instructed others (e.g., its customers and/or the customers of its related companies), and continue

to do so, on how to use its products and services (e.g., use its wireless earpiece and wearable piece

assemblies) and related products and services such as to cause infringement of one or more of

claims 5, 6, 8-11, and 15-19 of the ‘793 patent, literally or under the doctrine of equivalents.

Moreover, Defendant has known of the ‘793 patent and the technology underlying it from at least

the filing date of the lawsuit. 1 For clarity, direct infringement is previously alleged in this

complaint.

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Plaintiff reserves the right to amend if discovery reveals an earlier date of knowledge.
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11. Defendant has and continues to contributorily infringe. Defendant has actively encouraged

or instructed others (e.g., its customers and/or the customers of its related companies), and continue

to do so, on how to use its products and services (e.g., use its wireless earpiece and wearable piece

assemblies) and related products and services such as to cause infringement of one or more of

claims 5, 6, 8-11, and 15-19 of the ‘793 patent, literally or under the doctrine of equivalents.

Further, there are no substantial noninfringing uses for Defendant’s products and services.

Moreover, Defendant has known of the ‘793 patent and the technology underlying it from at least
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the filing date of the lawsuit. For clarity, direct infringement is previously alleged in this

complaint.

12. Defendant has caused and will continue to cause Plaintiff damage by direct and indirect

infringement of (including inducing infringement and contributory infringement) the claims of the

‘793 patent.

B. Infringement of the ‘984 Patent

13. On September 6, 2016, U.S. Patent No. 9,438,984 (“the ‘984 patent”, included as an

attachment) entitled “Wearable Electronic Pieces and Organizer” was duly and legally issued by

the U.S. Patent and Trademark Office. Plaintiff owns the ‘984 patent by assignment.

14. The ‘984 patent relates to novel and improved apparatuses, systems and methods for an

organizer for wearable electronic pieces or wireless communication jewelry.

15. On information and belief, Defendant makes, uses, offers for sale, and sells wireless

earpiece and wearable piece products and services through its website and other sources that

infringe one or more of claims 1-20 of the ‘984 patent, literally or under the doctrine of equivalents.

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Plaintiff reserves the right to amend if discovery reveals an earlier date of knowledge.
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Defendant put the inventions claimed by the ‘984 patent into service (i.e., used them); but for

Defendant’s actions, the claimed-inventions embodiments involving Defendant’s products and

services would never have been put into service. Defendant’s acts complained of herein caused

those claimed-invention embodiments as a whole to perform, and Defendant’s procurement of

monetary and commercial benefit from it.

16. Support for the allegations of infringement may be found in the following exemplary table

included as Exhibit B. These allegations of infringement are preliminary and are therefore subject

to change.

17. Defendants has and continues to induce infringement. Defendants has actively encouraged

or instructed others (e.g., its customers and/or the customers of its related companies), and continue

to do so, on how to use its products and services (e.g., use its wearable electronic pieces and

wireless communication jewelry) and related products and services such as to cause infringement

of one or more of claims 1-20 of the ‘984 patent, literally or under the doctrine of equivalents.

Moreover, Defendant has known of the ‘984 patent and the technology underlying it from at least

the filing date of the lawsuit. 3 For clarity, direct infringement is previously alleged in this

complaint.

18. Defendant has and continues to contributorily infringe. Defendant has actively encouraged

or instructed others (e.g., its customers and/or the customers of its related companies), and continue

to do so, on how to use its products and services (e.g., use its wearable electronic pieces and

wireless communication jewelry) and related products and services such as to cause infringement

of one or more of claims 1-20 of the ‘984 patent, literally or under the doctrine of equivalents.

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Plaintiff reserves the right to amend if discovery reveals an earlier date of knowledge.
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Further, there are no substantial noninfringing uses for Defendant’s products and services.

Moreover, Defendant has known of the ‘984 patent and the technology underlying it from at least
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the filing date of the lawsuit. For clarity, direct infringement is previously alleged in this

complaint.

19. Defendant has caused and will continue to cause Plaintiff damage by direct and indirect

infringement of (including inducing infringement and contributory infringement) the claims of the

‘984 patent.

IV. JURY DEMAND

Plaintiff hereby requests a trial by jury on issues so triable by right.

V. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for relief as follows:

a. enter judgment that Defendant has infringed the claims of the ‘793 and ‘984 patents;

b. award Plaintiff damages in an amount sufficient to compensate it for Defendant’s

infringement, in an amount no less than a reasonable royalty or lost profits, together with

pre-judgment and post-judgment interest and costs under 35 U.S.C. § 284;

c. award Plaintiff an accounting for acts of infringement not presented at trial and an award

by the Court of additional damage for any such acts of infringement; and

d. declare this case to be “exceptional” under 35 U.S.C. § 285 and award Plaintiff its

attorneys’ fees, expenses, and costs incurred in this action;

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Plaintiff reserves the right to amend if discovery reveals an earlier date of knowledge.
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e. declare Defendant’s infringement to be willful and treble the damages, including attorneys’

fees, expenses, and costs incurred in this action and an increase in the damage award

pursuant to 35 U.S.C. § 284;

f. a decree addressing future infringement that either (i) awards a permanent injunction

enjoining Defendant and its agents, servants, employees, affiliates, divisions, and

subsidiaries, and those in association with Defendant from infringing the claims of the

Patents-in-Suit, or (ii) awards damages for future infringement in lieu of an injunction in

an amount consistent with the fact that for future infringement the Defendants will be an

adjudicated infringer of a valid patent, and trebles that amount in view of the fact that the

future infringement will be willful as a matter of law; and,

g. award Plaintiff such other and further relief as this Court deems just and proper.

DATED: June 24, 2022 Respectfully submitted,

Ramey LLP

/s/William P. Ramey, III

William P. Ramey, III
Texas Bar No. 24027643
Kyril Talanov
Texas Bar No. 24075139
5020 Montrose Blvd., Suite 800
Houston, Texas 77006
(713) 426-3923 (telephone)
(832) 900-4941 (fax)
[email protected]
[email protected]

Attorneys for WFR IP LLC