22-01-17 Ericsson v. Apple ITC Complaint

THOMAS L.
JARVIS
Partner
(202) 282-5324
TJarvis@winston.com
January 17, 2022
BY EDIS
The Honorable Lisa R. Barton

Secretary to the Commission
United States International Trade Commission
500 E. Street, S.W.
Washington, DC 20436
RE: In the Matter of Certain Mobile Telephones, Tablet Computers with Cellular
Connectivity, and Smart Watches with Cellular Connectivity, Components
Thereof, and Products Containing Same, Inv. No. 337-TA-____
Dear Secretary Barton:
Enclosed for filing on behalf of Complainants Ericsson Inc. and Telefonaktiebolaget LM Ericsson
(“Ericsson”) are documents listed below in support of Ericsson’s request that the Commission
institute an investigation under Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337.
Complainant’s submission via EDIS includes the following documents:
1. One (1) electronic copy of the verified Confidential Complaint, pursuant to 19 C.F.R. §
210.8(a)(1)(i);
2. One (1) electronic copy of the verified Non-Confidential Complaint and Non-Confidential
Exhibits to the Complaint, pursuant to 19 C.F.R. §§ 210.4(f)(9) and 210.8(a)(1)(i);
3. One (1) electronic copy of the Confidential Exhibits to the Complaint, pursuant to 19
C.F.R. §§ 201.6(c) and 210.8(a)(1)(ii);
4. One (1) electronic copy of certified versions of the Asserted Patents pursuant to 19 C.F.R.
§ 210.12(a)(9)(i);
5. One (1) electronic copy of certified versions of the assignments of the Asserted Patents
pursuant to 19 C.F.R. § 210.12(a)(9)(ii);
6. One (1) electronic copy of certified versions of the U.S. Patent and Trademark Office
prosecution history for each Asserted Patent, pursuant to 19 C.F.R. § 210.12(c)(i);
January 17, 2022
Page 2
7. One (1) electronic copy of each patent and applicable pages of each technical reference
mentioned in the prosecution history of each Asserted Patent, pursuant to 19 C.F.R. §
210.12(c)(ii);
8. One (1) electronic copy of the Statement of Public Interest regarding the remedial orders
sought by the Complainants in the Complaint, pursuant to 19 C.F.R. § 210.8(b); and
9. One (1) electronic copy of a letter and certification requesting confidential treatment for
the information contained in the Complaint and Confidential Exhibits 74C, 75C, 79C, 86C-
89C, 102C, and 110C, pursuant 19 C.F.R. §§ 201.6(b) and 210.5(d).
A request for confidential treatment of the Complaint and Confidential Exhibit Nos. 74C, 75C,
79C, 86C-89C, 102C, and 110C is transmitted concurrently herewith. Non-substantive language
indicating limitations on distribution such as copyright notices and the like have been redacted in
headers and footers of other exhibits and appendices to avoid spurious issues when submitting to
EDIS. No substantive content of any document has been redacted, except as set forth in the Request
for Confidential Treatment.
Lead counsel in this matter for Ericsson Inc. and Telefonaktiebolaget LM Ericsson is:
JOSH BUDWIN
MCKOOL SMITH, P.C.
303 Colorado, Suite 200
Austin, Texas 78701
Telephone: (512) 692-8700
Facsimile: (214) 978-4044
Thank you for your attention to this matter. Please contact me if you have any questions
regarding this filing.
Respectfully submitted,
WINSTON & STRAWN LLP

1901 L Street, N.W.
Washington, D.C. 20036
Telephone: (202) 282-5000
Counsel for Complainants Ericsson Inc. and

Telefonaktiebolaget LM Ericsson
Enclosures
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, DC
In the Matter of
CERTAIN MOBILE TELEPHONES,

TABLET COMPUTERS WITH Investigation No. 337-TA-____
CELLULAR CONNECTIVITY, AND
SMART WATCHES WITH
CELLULAR CONNECTIVITY,
COMPONENTS THEREOF, AND
PRODUCTS CONTAINING SAME
PUBLIC INTEREST STATEMENT OF COMPLAINANTS ERICSSON, INC. AND

TELEFONAKTIEBOLAGET LM ERICSSON
Pursuant to Commission Rule 210.8(b) (19 C.F.R. § 210.8(b)), Complainants Ericsson Inc.
and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”) submit this Statement on the
Public Interest with respect to the remedial orders requested against Proposed Respondent Apple,
Inc. (“Apple”). Ericsson seeks a limited exclusion order under 19 U.S.C. § 1337(d) prohibiting
from entry into the United States of certain mobile telephones and tablet computers with cellular
connectivity, and smartwatches with cellular connectivity, components thereof, and products
containing same (the “Accused Products”) that directly or indirectly infringe any of claims 19, 20,
22-27, or 29-32 of United States Patent No. 8,102,805, claims 17, 19, 20-21, 23-24, 26-27, 29, or
33-36 of United States Patent No. 9,532,355, claims 7-12, 19-24 of United States Patent No.
11,139,872, or claims 10-16 of United States Patent No. 10,425,817 (collectively, “the Asserted
Patents”). Ericsson also requests a cease and desist order under 19 U.S.C. § 1337(d) prohibiting
Apple and its subsidiaries, related companies, and agents from engaging in the importation, sale
for importation, marketing and/or advertising, distribution, offering for sale, sale, use after
importation, sale after importation, transfer within the United States, testing, repair, technical
NG-9J84MDUI 4843-3237-5293v3
support, or any other commercial activity related to infringing Accused Products. Ericsson also
seeks a bond covering any importations of infringing products during the Presidential review
period.
Each of the Asserted Patents is essential to either the 4G LTE or 5G standard, and Ericsson
takes this step only after exhausting all other options to conclude a license with Apple on fair,
reasonable, and non-discriminatory (“FRAND”) terms. Ericsson has contractually committed to
license its portfolio of patents that are essential to practice certain telecommunication standards
(“Essential Patents”) on FRAND terms, with an honest intent to conduct its licensing efforts in a
manner consistent with the intellectual property rights policy (“IPR Policy”) set by the European
Telecommunications Standards Institute (“ETSI”). This commitment is entered into by means of
declaration documents, serving as contracts between Ericsson and ETSI for the benefit of third
parties practicing the standard. Ericsson repeatedly has licensed its Essential Patents to companies
worldwide, resulting in over one hundred agreements in the telecommunications industry alone,
in which such companies have agreed to pay royalties to Ericsson in return for access to its global
portfolio of patents on FRAND terms.
In 2015, Apple agreed to take a license to certain of Ericsson’s patents that are essential to
various industry standards, which runs through January 14, 2022. Starting in late 2020, Ericsson
extended offers to Apple to sign a new license on FRAND terms. In sum, consistent with its
obligations under the ETSI IPR Policy and to the technology community, Ericsson has sought in
good faith to conclude a license agreement with Apple on FRAND terms.
Ericsson’s efforts have failed because Apple refuses to pay a FRAND royalty for a
portfolio license commensurate with licenses taken by existing licensees. Apple’s gambit is
indistinguishable from a “reverse hold-up,” in which Apple abuses the protections afforded by
2
NG-9J84MDUI 4843-3237-5293v3
FRAND while freely using Ericsson’s patented technology. Such tactics give Apple a substantial,
unfair edge over its telecommunications competitors who have agreed to—and who maintain—
licenses under Ericsson’s global portfolio of patents on FRAND terms. Apple has therefore not
fulfilled its obligations to remain a third party beneficiary of the contract between Ericsson and
ETSI.
The issuance of Ericsson’s requested remedial orders would accord with the strong public
interest in protecting intellectual property rights. Certain Baseband Processor Chips and Chipsets,
Transmitter and Receiver (Radio) Chips, Power Control Chips, and Prods. Containing Same, Inv.
No. 337-TA-543, Comm’n Op. at 136–37 (June 2007). Moreover, the requested remedial orders
would not have any adverse impact on the statutory public interest factors because, inter alia,
Apple’s Accused Products are not necessary to meet an important public health or welfare need
and because other suppliers of substitute products can satisfy any shift in market demand created
by the requested remedial orders. As in most Section 337 investigations, there are no circumstances
in this case that would provide a basis for imposing upon the Commission, the parties, and the
public the cost and burden of delegating public interest issues to an Administrative Law Judge.
I. How the Accused Products Are Used in the United States
The Accused Products are commercial mobile telephones tablet computers, and smart
watches with cellular connectivity, components thereof, and products containing same
manufactured by or on behalf of Apple. Examples of the Accused Products include the Apple
iPhone 13, iPhone 13 Pro, iPhone 13 Pro Max, iPhone 13 mini, as well as other LTE and 5G
enabled phones, iPads, and Apple watches. U.S. consumers use the Accused Products for a variety
of telecommunications, internet, entertainment, and social media services.
3
NG-9J84MDUI 4843-3237-5293v3
II. There Are No Public Health, Safety, or Welfare Concerns Relating to the Requested
Remedial Orders
To the best of Ericsson’s knowledge, information, and belief, there are no public health,
safety, or welfare concerns relating to the Accused Products or the requested remedial orders. To
the contrary, the issuance of exclusion and cease and desist orders would have the beneficial effect
of protecting Ericsson’s intellectual property rights and eliminating the proposed respondents’
unfair competition. As the Commission has stated, “the public interest favors the protection of
U.S. intellectual property rights by excluding infringing imports.” Certain Two-Handle Centerset
Faucets and Escutcheons, and Components Thereof, Inv. No. 337-TA-422, Comm’n Op. at 9 (July
21, 2000).
III. “Like” or “Directly Competitive” Articles That Complainants’ Licensees Supply

Could Replace the Subject Articles If They Are Excluded
Ericsson’s licensees produce and sell in the United States products that could replace the
infringing Apple products. Specifically, a substantial number of entities are licensed under
Ericsson’s Essential Patent portfolio for 4G LTE and 5G devices and could quickly ramp-up
production to replace the Accused Products if they are excluded.
IV. Complainants’ Licensees Would Be Able to Replace the Volume of Articles Subject
to the Requested Remedial Orders in a Commercially Reasonable Time
Ericsson’s licensees would be able to replace the volume of Apple products subject to the
remedial orders in a commercially reasonable time. According to IDC, Smartphone companies
shipped 313 million units in 2021Q2, with only 14% of those constituting Apple devices.1 IDC
further notes that “[t]he smartphone market has been fortunate enough to not experience the severe
supply constraints as the automotive, PC, and display industries.”2 This continuing robust
1
https://www.idc.com/getdoc.jsp?containerId=prUS48120021
2
Id.
4
NG-9J84MDUI 4843-3237-5293v3
manufacturing infrastructure and capacity to manufacture substitute products indicates that
Ericsson’s licensees for 4G LTE and 5G devices do have the capacity to replace the volume of
articles subject to the requested remedial orders in a commercially reasonable time. See Certain
Mobile Devices, Associated Software, and Components Thereof, Inv. No. 337-TA-744, Comm’n
Op. at 30 (June 5,-2012) (“The record shows that there are numerous other sources for [the
articles]” and thus, exclusion of the infringing articles “will not have a significant negative impact
on competitive conditions in the United States economy or on U.S. consumers”).
V. The Requested Remedial Orders Would Have Minimal Impact on Consumers
The requested remedial orders would have no long-term impact on consumers. Ericsson’s
licensees offer multiple non-infringing alternative product offerings to meet demand for the U.S.
market, such that consumers seeking to purchase devices such as smartphones or tablet computers
would not be significantly impacted. Indeed, consumers would be able to purchase lower-priced,
high-quality substitute devices made by Ericsson’s licensees, thus averting any potentially adverse
impact from the requested remedial orders against Apple. Further, as Apple’s Accused Products
are manufactured abroad, there is no likely negative impact on competitive conditions in the United
States.
VI. Conclusion
For the foregoing reasons, the investigation proposed in Ericsson’s Section 337 Complaint
filed concurrently herewith will not adversely affect the public interest.
5
NG-9J84MDUI 4843-3237-5293v3
Date: January 17, 2022 Respectfully submitted,
Joshua W. Budwin
Douglas Cawley
Nicholas Mathews
Richard Kamprath
Eric Hansen
Eleanor Callaway
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, TX 75201
Telephone: (214) 978-4000
Joshua W. Budwin (lead counsel)

Kevin Hess
Mitch Verboncoeur
MCKOOL SMITH, P.C.
Austin, Texas 78701
Telephone: (512) 692-8700
Stuart McCommas
MCKOOL SMITH, P.C.
1999 K Street, NW
Suite 600
Washington, DC 2006
Telephone: (202) 370-8300
Facsimile: (202) 370-8344
Paul C. Goulet
Gary Rinkerman
FISHER BROYLES, LLP
1200 G Street NW, Suite 800
Telephone: (202) 642-6329
Thomas L. Jarvis
WINSTON & STRAWN, LLP
1901 L Street NW

6
NG-9J84MDUI 4843-3237-5293v3
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, DC
In the Matter of
CERTAIN MOBILE
TELEPHONES, TABLET Investigation No. 337-TA-____
COMPUTERS WITH CELLULAR
CONNECTIVITY, AND SMART
WATCHES WITH CELLULAR
CONNECTIVITY, COMPONENTS
THEREOF, AND PRODUCTS
CONTAINING SAME
VERIFIED COMPLAINT OF ERICSSON INC. AND TELEFONAKTIEBOLAGET LM

ERICSSON UNDER SECTION 337 OF THE TARIFF ACT OF 1930
Complainants: Proposed Respondents:
Ericsson Inc. Apple, Inc.

6300 Legacy Drive 1 Apple Park Way
Plano, TX 75024 Cupertino, CA 95014
Telephone: (972) 583-0000
Torshamnsgatan 21
Kista, Stockholm, Sweden
Telephone: 011 46 8 710 0000
Counsel for Complainants:
Douglas Cawley
Nicholas Mathews
Richard Kamprath
Eric Hansen
Eleanor Callaway
MCKOOL SMITH, P.C.
Dallas, TX 75201
Telephone: (214) 978-4000
Facsimile: (214) 978-4044
Josh Budwin (lead counsel)
Kevin Hess
R. Mitch Verboncoeur
Caroline E. Burks
MCKOOL SMITH, P.C.
Austin, Texas 78701
Telephone: (512) 692-8700
Facsimile: (214) 978-4044
Stuart McCommas
MCKOOL SMITH, P.C.
1999 K Street, NW
Suite 600
Washington, DC 2006
Telephone: (202) 370-8300
Facsimile: (202) 370-8344
Paul C. Goulet
FISHER BROYLES, LLP
Telephone: (202) 642-6329
Thomas L. Jarvis
1901 L Street NW
Telephone: (202) 282-5000
Facsimile: (202) 282-5100
ii
TABLE OF CONTENTS
I. INTRODUCTION AND NEGOTIATION HISTORY ...................................................... 1
II. THE PARTIES.................................................................................................................... 5
A. Complainants .......................................................................................................... 5
B. Proposed Respondents ............................................................................................ 6
III. THE ACCUSED PRODUCTS ........................................................................................... 7
IV. STATEMENT OF RELATED CASES .............................................................................. 7
A. Litigation Related to the Asserted Patents .............................................................. 7
B. Other Litigations Between the Parties .................................................................... 8
V. THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS .................. 12
A. The ’805 Patent ..................................................................................................... 12
(1) Identification of the Patent and Ownership .............................................. 12
(2) Non-Technical Description of the Patented Inventions ............................ 13
(3) Patent Declaration ..................................................................................... 13
B. The ’355 Patent ..................................................................................................... 14
C. The ’872 Patent ..................................................................................................... 15
D. The ’817 Patent ..................................................................................................... 17
iii
E. LICENSES ............................................................................................................ 19
F. FOREIGN COUNTERPARTS ............................................................................. 19
VI. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS—PATENT

INFRINGEMENT............................................................................................................. 19
A. Infringement of the ’805 Patent ............................................................................ 20
B. Infringement of the ’355 Patent ............................................................................ 22
C. Infringement of the ’872 Patent ............................................................................ 23
D. Infringement of the ’817 Patent ............................................................................ 24
VII. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE ........................... 25
VIII. HARMONIZED TARIFF SCHEDULE ITEM NUMBERS ............................................ 27
IX. THE DOMESTIC INDUSTRY ........................................................................................ 27
A. Ericsson’s Domestic Activities ............................................................................. 28
1. Ericsson’s Smart Factory in Lewisville, Texas......................................... 31
2. Ericsson’s Base Station Products .............................................................. 34
3. Ericsson’s Cloud Core Products ............................................................... 36
B. Samsung’s Domestic Industry .............................................................................. 39
C. Ericsson’s Domestic Licensing ............................................................................. 43
1. Licensing Activities .................................................................................. 43
2. Litigation Activities Related to Unwilling Licensees ............................... 44
X. RELIEF REQUESTED ..................................................................................................... 45
iv
TABLE OF AUTHORITIES
Page(s)
CASES
Apple Inc. v. Telefonaktiebolaget LM Ericsson et al.,

3-15-cv-00154 (NDCA) .............................................................................................................8
Certain Electronic Devices, Including Wireless Communications Devices, Portable

Music and Data Processing Devices, and Tablet Computers,
Inv. No. 337-TA-794, Initial Determination, at 589-605 (Sept. 14, 2012) ..............................41
Certain Wireless Standard Compliant Elec. Devices, Including Commc’n Devices &
Tablet Computers,
Inv. No. 337-TA-953 ...........................................................................................................7, 21
Ericsson Inc. et al v. Apple Inc.,

2:15-cv-00287 (EDTX) ..............................................................................................................9

2:15-cv-00288 (EDTX) ..............................................................................................................9

2:15-cv-00289 (EDTX) ..............................................................................................................9

2:15-cv-00290 (EDTX) ..............................................................................................................9

2:15-cv-00291 (EDTX) ..............................................................................................................9

2:15-cv-00292 (EDTX) ..............................................................................................................9

2:15-cv-00293 (EDTX) ..............................................................................................................8
STATUTES
19 U.S.C. § 1337 ........................................................................................................................1, 45
19 U.S.C. § 1337(a)(2) and (3) ........................................................................................................2
19 U.S.C. § 1337(a)(3)(A)-(C) .............................................................................................. passim
19 U.S.C. §§ 1337(e), (j)................................................................................................................46
19 U.S.C. § 1337(f) ........................................................................................................................45
v
Tariff Act of 1930 § 337 ............................................................................................................1, 45
OTHER AUTHORITIES
19 C.F.R. § 210.12(a)(9)(iv) ..........................................................................................................39
80 Fed. Reg. 18255 (Apr. 3, 2015) ..................................................................................................7
Rule 210.10(b)(1) .............................................................................................................................7
Rule 210.12(a)(9)(iii) .....................................................................................................................19
vi
TABLE OF EXHIBITS
Public Exhibits
Ex. No. Description
1 U.S. Patent No. 8,102,805 (certified copy)
(ERIC_ITC00000001 – ERIC_ITC00000019)
(ERIC_ITC00000020 – ERIC_ITC00000034)
(ERIC_ITC00000035 – ERIC_ITC00000066)
(ERIC_ITC00000067 – ERIC_ITC00000093)
5 U.S. Patent No. 8,102,805 Assignment Record (certified copy)
(ERIC_ITC00000094 – ERIC_ITC00000100)
6 U.S. Patent No. 9,532,355 Assignment Records (certified copy)
(ERIC_ITC00000001 – ERIC_ITC00000112)
7 U.S. Patent No. 11,139,872 Assignment Record (certified copy)
(ERIC_ITC00000113 – ERIC_ITC00000123)
8 U.S. Patent No. 10,425,817 Assignment Records (certified copy)
(ERIC_ITC00000124 – ERIC_ITC00000150)
9 Accused Products List for U.S. Patent Nos. 8,102,805, 9,532,355, 11,139,872, and
10,425,817
10 Ericsson’s Base Station Domestic Industry Products (ALSO LISTED AS Ericsson’s

Base Station Products)
11 Ericsson’s FRAND Licensing Terms for 5G/NR in 3GPP Release 15, dated March
3, 2017
12 Apple iPhone 13 Technical Specifications; https://www.apple.com/iphone-13/specs/
vii
Public Exhibits
Ex. No. Description
13 Apple iPad Technical Specifications, https://www.apple.com/ipad-10.2/specs/
14 Apple Watch Model Comparison; https://www.apple.com/watch/compare/
15 Third Party BestBuy Advertising Accused Products for Sale;

https://www.bestbuy.com/site/mobile-cell-
phones/iphone/pcmcat305200050000.c?id=pcmcat305200050000
16 Third Party Target Advertising Accused Products for Sale;

https://www.target.com/c/cell-phones-electronics/-/N-5xte8
17 Third Party Walmart Advertising Accused Products for Sale;

https://www.walmart.com/browse/all-
iphones/0?sort=best_match&cat_id=1105910&stores=2751&_be_shelf_id=
7778&ps=40&facet=shelf_id%3A7778
18 Third Party Verizon Advertising Accused Products for Sale;

https://www.verizon.com/smartphones/apple/
19 Third Party AT&T Advertising Accused Products for Sale;

https://www.att.com/buy/phones/
20 Third Party T-Mobile Advertising Accused Products for Sale; https://www.t-

mobile.com/cell-phones/brand/apple
21 Apple Repair Web Page; https://support.apple.com/repair
22 Official Apple Support Web Page; https://support.apple.com
23 “Apple Uses More Suppliers from China than Taiwan for First Time, Data Shows,”
Guardian, dated June 3, 2021;
https://www.theguardian.com/technology/2021/jun/03/apple-uses-more-suppliers-
from-china-than-taiwan-for-first-time-data-shows
24 Asserted Patents Chart with Related Foreign Patents and Applications
25 U.S. Patent No. 8,102,805 Infringement Claim Chart for Apple 4G and 4G/5G
Accused Products regarding Claims 19-20, 22-27, and 29-32
26 U.S. Patent No. 10,425,817 Infringement Claim Chart for Apple User Equipment
Accused Products (4G/5G UE) regarding Claims 10-16
viii
Public Exhibits
Ex. No. Description
27 U.S. Patent No. 9,532,355 Infringement Claim Chart for Apple 4G and 4G/5G
Accused Products regarding Claims 17, 19, 20-21, 23-24, 26-27, 29, 33-36
28 U.S. Patent No. 9,532,355 Infringement Claim Chart for Apple 4G/5G Accused
Products regarding Claims 17, 19, 20-21, 23-24, 26-27, 29, 33-36
29 U.S. Patent No. 11,139,872 Infringement Claim Chart for Apple User Equipment
Accused Products (5G NR UE) regarding Claims 7-12 and 19-24
30 Apple Store Online; https://www.apple.com/store
31.1 3rd Generation Partnership Project Technical Specification – 3GPP TS 36.212 v8.4.0
(2008-09)
(2009-06)
(2008-12)
31.4 3rd Generation Partnership Project Technical Specification – 3GPP TS 23.003

V15.8.0 (2019-09)
31.5 3rd Generation Partnership Project Technical Specification – 3GPP TS 36.212.v8.8.0

(2009-12)

V15.7.0 (2019-09)
(2009-12)
(2010-03)
(2014-06)

V15.6.0 (2019-09)
(2018-12)
ix
Public Exhibits
Ex. No. Description
(2018-12)
(2018-12)
(2018-12)
(2018-12)
(2018-12)
31.17 ETSI TS 136 211 v.8.9.0 (2010-01)
31.18 ETSI TS 136 213 v.8.8.0 (2009-10)
31.19 ETSI TS 136 300 v8.12.0 (2010-04)
31.20 ETSI TS 136 321 v8.12.0 (2012-03)
31.21 3GPP TS 38 300 v15.7.0 (2019-09)
31.22 ETSI TS 138 211 v15.7.0 (2019-10)
31.23 ETSI TS 138 213 v15.7.0 (2019-10)
31.24 ETSI TS 138 321 v15.7.0 (2019-10)
32 Apple iPhone 13 Pro Web Page; https://www.apple.com/shop/buy-iphone/iphone-

13-pro
33 Apple iPhone 12 and iPhone 12 Mini Web Page; https://www.apple.com/shop/buy-

iphone/iphone-12
34 Apple iPad Pro Web Page; https://www.apple.com/shop/buy-ipad/ipad-pro/12.9-

inch-display-2tb-space-gray-wifi-cellular
35 Apple iPad Web Page; https://www.apple.com/shop/buy-ipad/ipad-10-2/256gb-

space-gray-wifi-cellular
x
Public Exhibits
Ex. No. Description
36 Apple Watch Series 7 Web Page
37 Bill of Lading for Apple Importations of Cell Phone, Descartes Datamyne
38 Bill of Lading for Apple Importations of iPhones, iPads, and iWatches, Descartes
Datamyne
39 iPad Pro Photographs
40 Apple Watch Series 7, Model 2475 Photographs
41 Apple Watch SE (A2354) Label
42 Apple iPhone 8 Plus Label
43 Apple iPhone 8 Label
44 Apple iPhone 11 Pro Max Label
45 U.S. Patent No. 8,102,805 Domestic Industry Claim Chart for Ericsson Base Station
Products (4G and 4G/5G eNB)
46 U.S. Patent No. 8,102,805 Domestic Industry Claim Chart for Ericsson’s Licensee
Products (Samsung 4G and 4G/5G UE)
47 U.S. Patent No. 10,425,817 Domestic Industry Claim Chart for Ericsson Core
Network Product (5G CN)
48 U.S. Patent No. 10,425,817 Domestic Industry Claim Chart for Samsung User
Equipment Accused Products (Samsung 4G/5G UE)
Products (4G/LTE eNB)
Products (5G NR gNB)
Products (Samsung 4G and 4G/5G UE)
Products (Samsung 4G/5G UE)
xi
Public Exhibits
Ex. No. Description
Products (5G NR gNB)
User Equipment Products (Samsung 5G NR UE)
55 Apple iPhone SE Label
56 Apple iPhone X Label
57 Apple iPhone XR Label
58 Apple iPhone XS Max Label
59 Apple iPhone XS Label
60 Apple iPad 6th Generation Label
61 Apple iPad Air 4th Generation Label
62 Apple iPad Mini 6th Generation Label
63 Apple iPad Pro 9.7-Inch Label
64 Apple iPad Pro 10.5-Inch Label
65 Apple iPad Pro 11-Inch 1st Generation Label
66 Apple iPad Pro 11-Inch 2nd Generation Label
67 Apple iPad Pro 11-Inch 3rd Generation Label
68 Apple iPad Pro 12.9-Inch 1st Generation Label
69 Apple iPad Pro 12.9-Inch 2nd Generation Label
70 Apple iPad Pro 12.9-Inch 3rd Generation Label
71 Apple iPad Pro 12.9-Inch 4th Generation Label
72 Apple iPhone Receipt, dated January 5, 2022
73 Apple iPad Receipt, dated January 5, 2022
xii
Public Exhibits
Ex. No. Description
74 Identification of Current Ericsson 4G IP Licensees Pursuant to 19 CFR §

210.12(a)(9)(iii) [No Public Version Available]
75 Identification of Current Ericsson 5G IP Licensees Pursuant to 19 CFR §

210.12(a)(9)(iii) [No Public Version Available]
76 Apple Watch Receipt, dated January 5, 2022
77 ETSI IPR Information Statement and Licensing Declaration for U.S. Patents
8,102,805 and 9,532,355, dated September 17, 2009 (ISLD-200910-002)
78 ETSI IPR Information Statement and Licensing Declaration for U.S. Patent
9,532,355, dated May 19, 2017 (ISLD-201704-018)
79 International Data Corporation (“ICD”) Quarterly Mobile Phone Tracker Date with
Samsung’s Sales of 4G and 5G Smartphones, Q1 2019 to Q3 2021 [No Public
Version Available]
80 ETSI IPR Information Statement and Licensing Declarations for U.S. Patent
11,139,872, dated December 8, 2017 (ISLD-201711-016)
10,425,817, dated December 16, 2019 (ISLD-201912-041)
10,425,817, dated December 22,2017 (ISLD-201712-075)
83 About 3GPP Web Page, https://www.3gpp.org/about-3gpp
84 About 3GPP Archive Web Page,

https://web.archive.org/web/20190609224625/https:/www.3gpp.org/about-3gpp
85 “Samsung Electronics America to Open Flagship North Texas Campus,” Samsung

Press Release, Samsung.com, dated April 6, 2018
86 Declaration of Daniela Pires, dated January 6, 2022 [Public Version]
87 Declaration of Paul Challoner, dated January 13, 2022 [Public Version]
88 Declaration of Kreg Hoodenpyle, dated January 7, 2022 [Public Version]
89 Declaration of Roy Maharaj, dated January 11, 2022 [Public Version]
xiii
Public Exhibits
Ex. No. Description
90 Apple iPhone 11 Pro Label
92 Apple iPhone 12 Mini Label
93 Apple iPhone 12 Pro Max Label
96 Apple iPhone 13 Mini Label
97 Apple iPhone 13 Photograph
100 “You’ll Hear a Lot About How Boring the iPhone 13 is, but Apple is Still Poised to
Continue its Sales Super Cycle,” CNBC, dated September 15, 2021;
https://www.cnbc.com/2021/09/15/iphone-13-poised-to-continue-apples-super-
cycle-of-sales.html (Listed as Ex. 24 and 100 in complaint)
101 U.S. Smartphone Market Share: By Quarter, Counterpoint Research Data, dated
August 16, 2021
102 Patent License Agreement between Telefonaktiebolaget LM Ericsson and Samsung

Electronics Co., dated February 1, 2014 [Public Version]
103 Samsung Electronics Co., Ltd. And Samsung Telecommunications America, LLC
Complaint, ITC Inv. No. 337-TA-794, dated June 28, 2011
104 Comments of Non-Respondent Samsung on Remedy, Bonding, and the Public

Interest, ITC Inv. No. 337-TA-1010, dated October 13, 2017
105 Interim Consolidated Financial Statements of Samsung Electronics Co., Ltd. and its
Subsidiaries, Q1, 2021, dated May 14, 2021
106 Samsung Electronics America Headquarters Web Page;

https://www.themuse.com/profiles/samsungelectronicsamerica/location/ridgefield-
park
xiv
Public Exhibits
Ex. No. Description
107 Samsung Research America Web Page; https://research.samsung.com/sra
108 Samsung Research America Locations Web Page;

https://www.sra.samsung.com/locations/,
109 Samsung Research America, Inc. Company Profile, D&B Business Directory;
https://www.dnb.com/business-directory/company-
profiles.samsung_research_america_inc.532c8ba4a2a65bc0d8191453e3a4f1c2.html.
110 Patent License Agreement between Telefonaktiebolaget LM Ericsson and Samsung

Electronics Co., Ltd., dated January 1, 2021 [No Public Version Available]
111 Samsung Domestic Industry Product List
Confidential Exhibits
Ex. No. Description
74C Identification of Current Ericsson 4G IP Licensees Pursuant to 19 CFR §

210.12(a)(9)(iii)
75C Identification of Current Ericsson 5G IP Licensees Pursuant to 19 CFR §

210.12(a)(9)(iii)
79C International Data Corporation (“IDC”) Quarterly Mobile Phone Tracker Date
with Samsung’s Sales of 4G and 5G Smartphones, Q1 2019 to Q3 2021
86C Declaration of Daniela Pires, dated January 6, 2022
87C Declaration of Paul Challoner, dated January 13, 2022
88C Declaration of Kreg Hoodenpyle, dated January 7, 2022
89C Declaration of Roy Maharaj, dated January 11, 2022
102C Patent License Agreement between Telefonaktiebolaget LM Ericsson and

Samsung Electronics Co., dated February 1, 2014
110C Patent License Agreement between Telefonaktiebolaget LM Ericsson and

Samsung Electronics Co., Ltd., dated January 1, 2021
xv
Appendices
Appendix Description
A Certified copy of the prosecution history of U.S. Patent No. 8,102,805 and copies of
each technical reference identified therein
B Certified copy of the prosecution history of U.S. Patent No. 9,532,355 and copies of
the cited references identified therein
C Certified copy of the prosecution history of U.S. Patent No. 11,139,872 and copies of
D Certified copy of the prosecution history of U.S. Patent No. 10,425,817 and copies of
xvi
I. INTRODUCTION AND NEGOTIATION HISTORY
1. Complainants Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively,
“Ericsson” or “Complainants”) request that the United States International Trade Commission
commence an investigation pursuant to Section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. § 1337, based on the unlawful importation into the United States, the sale for importation,
and the sale within the United States after importation, of certain mobile telephones, tablet
computers, and smart watches with cellular connectivity, components thereof, and products
containing same (collectively, “the Accused Products”), that directly or indirectly infringe one or
more of the following claims of U.S. Patent Nos. 8,102,805; 9,532,355; 11,139,872; and
10,425,817 (collectively, “the Asserted Patents”):
Asserted Patent Asserted Claims (Independent Claims Bolded)
U.S. Patent No. 8,102,805 Claims 19, 20, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32
U.S. Patent No. 9,532,355 Claims 17, 19, 20, 21, 23, 24, 26, 27, 29, 33, 34, 35, 36
U.S Patent No. 11,139,872 Claims 7, 8, 9, 10, 11, 12, 19, 20, 21, 22, 23, 24
U.S. Patent No. 10,425,817 Claims 10, 11, 12, 13, 14, 15, 16
2. Certified copies of each of the Asserted Patents are attached as Exhibits 1-4
respectively. Complainants collectively own all right, title, and interest in each of the Asserted
Patents. Certified copies of the recorded assignments for each of the Asserted Patents are attached
as Exhibits 5-8. Certified copies of the prosecution histories for each of the Asserted Patents are
attached as Appendices A-D.
3. The Proposed Respondent is Apple Inc. The Accused Products are mobile
telephones, tablet computers, and smart watches with cellular connectivity and products containing
the same manufactured by or on behalf of Apple. On information and belief, those products utilize
industry standard telecommunications technology. The Accused Products include, for example,
Apple’s mobile telephone communication devices, tablet computers, and smart watches that
implement “4G LTE” and/or “5G” technology, including: iPhones, iPads, and Apple Watches.
These products include those listed in Exhibit 9.
4. On information and belief, the Accused Products are manufactured and assembled
outside of the United States by or on behalf of Apple. The Accused Products are then sold for
importation into the United States, imported into the United States, or sold within the United States
after importation, by or on behalf of Apple.
5. As required by 19 U.S.C. § 1337(a)(2) and (3), an industry in the United States
relating to articles protected by the Asserted Patents exists. See Ex. 10 (Ericsson’s Base Station
Products).
6. Ericsson seeks a permanent limited exclusion order barring all infringing Accused
Products from entry into the United States. Ericsson also seeks a cease and desist order directed to
Apple that prohibits the sale for importation, importation, sale after importation, use, offer for sale,
sale, distribution, advertising, testing, repair, technical support, or any other commercial activity
related to each infringing Accused Products.
7. Ericsson is widely viewed as one of the leading innovators in the field of cellular
communications. Due to the work of approximately 26,000 Ericsson research and development
employees, Ericsson’s inventions are a valuable part of the fundamental technology that
seamlessly connects phones, smartphones, and other mobile devices using cellular networks
worldwide and provides increased performance and new features for the benefit of consumers. As
a result of its extensive research and development efforts, Ericsson has been awarded more than
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57,000 patents worldwide. Many of Ericsson’s patents are related to the 2G (GSM, GPRS, and
EDGE), 3G (UMTS/WCDMA and HSPA), 4G (LTE, LTE-Advanced, and LTE-Advanced Pro),
and/or 5G (New Radio) telecommunications standards.
8. Ericsson has voluntarily and publicly committed that it is prepared to grant licenses
under its portfolio of patents that are essential to practice the 2G, 3G, 4G, and/or 5G standards
(“Essential Patents”) on fair, reasonable, and non-discriminatory (“FRAND”) terms. Ericsson’s
FRAND commitment is set forth in its intellectual property right (“IPR”) licensing declarations to
the European Telecommunications Standards Institute (“ETSI”) in accordance with ETSI’s IPR
Policy. Ericsson has widely licensed its portfolio of Essential Patents in more than 100 agreements
with members of the telecommunications industry who have agreed to pay royalties to Ericsson
for a global portfolio license. Ericsson and Apple have in the past entered into global cross-
licenses, covering both parties’ patents. The first agreement was signed in 2008. The second
agreement was signed in 2015. Both agreements contain confidentiality clauses that prevent public
disclosure of their specific terms and conditions.
9. On March 3, 2017, to provide transparency and predictability, Ericsson publicly
announced its 5G royalty rates to the industry. This announcement came long before the December
2017 finalization of the non-standalone 5G standard, and long before the June 2018 finalization of
the standalone 5G standard by the Third Generation Partnership Project (3GPP). In its
announcement, Ericsson stated that it was prepared to grant licenses, subject to reciprocity, “at a
fair and reasonable royalty rate of $5 per 5G/NR multimode compliant handset.” Ex. 11 (Ericsson
March 3, 2017 Press Release).
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10. In late 2020, Ericsson took steps to initiate negotiations with Apple towards a new
license on FRAND-compliant royalty terms. Given the lengthy negotiations (and litigation) that
preceded execution of the 2015 license, Ericsson sought to start negotiations early.
11. During negotiations, Ericsson provided Apple with a set of 300 claim charts
demonstrating essentiality of certain of Ericsson’s Essential Patents. The parties agreed to respond
to those charts in a series of scheduled meetings. As a result, the parties met multiple times to
discuss Apple’s analysis of and response to Ericsson’s claim charts. The negotiations made clear
there is a dispute between Apple and Ericsson as to the essentiality, and value, of Ericsson’s
Essential Patent portfolio. On October 4, 2021, Ericsson contacted Apple to reiterate its license
offer under its publicly announced 5G multimode royalty rates.
12. On October 4, 2021, Ericsson filed a case in the Eastern District of Texas to address
the Parties FRAND obligations. See Ericsson Inc. and Telefonaktiebolaget LM Ericsson v. Apple
Inc., 2:21-cv-00376-JRG.
13. After more than a year of negotiations, Apple continues to insist on an unreasonably
low, non-FRAND rate for a cross-license.
14. During the course of the parties’ discussions, Apple has shown no inclination to
retract, or even soften, its prior public statements that the licensing policies underlying Ericsson’s
ex ante 5G rates that apply to Apple Accused Products violate FRAND. Nor has Apple retreated
from its prior public assertions that the only way to comply with FRAND is to adhere to Apple’s
self-declared methodology for licensing essential patents, despite court decisions that flatly
rejected Apple’s approach to cellular essential patent licensing.
15. In sum, consistent with its obligations to ETSI and the technology community,
Ericsson has sought in good faith to reach a FRAND-compliant license agreement with Apple.
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Ericsson’s efforts have failed because Apple has not agreed to enter into a license on FRAND
terms.
II. THE PARTIES
A. Complainants
16. Telefonaktiebolaget LM Ericsson (“LM Ericsson”) is a corporation organized and
existing under the laws of the Kingdom of Sweden, having its principal place of business at
Torshamnsgatan 21, Kista, SE-164 83 Stockholm, Sweden. LM Ericsson wholly owns its
subsidiary Ericsson Holding II Inc., a Delaware corporation, which in turn wholly owns
Complainant Ericsson Inc.
17. Ericsson Inc. is a corporation organized and existing under the laws of the State of
Delaware, having its principal place of business at 6300 Legacy Drive, Plano, Texas 75024.
18. Ericsson has pioneered the development of the modern cellular network. Ericsson
has a long history of innovative technical contributions, including the patents asserted in this
Complaint. Ericsson researches, develops, engineers, manufactures, and operates
telecommunications products and is a leader in establishing telecommunications standards across
the industry.
19. Ericsson also develops and manufactures infrastructure equipment that comprises
the backbone of modern networks; specifically, the base stations and cell tower equipment that
mobile phones communicate with. Ericsson is one of the world’s largest suppliers of
telecommunications network equipment and related services to telecom operators. Major mobile
network operators all over the world buy solutions and/or services from Ericsson. Ericsson
manages networks that serve more than one billion subscribers globally. Ericsson’s equipment is
found in more than 180 countries, and Ericsson has over 100,000 employees and customers in
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those countries. Ericsson employs more than 10,000 people in North America, including a
substantial number of employees in the United States.
B. Proposed Respondents
20. On information and belief, Apple Inc. (“Apple”) is a corporation organized under
the laws of the United States with its principal place of business at 1 Apple Park Way,
Cupertino, California 95014. On information and belief, Apple designs, develops, manufactures,
imports into the United States, and/or sells for importation into the United States the mobile
phones, tablet computers, and/or smart watches at issue.
21. On information and belief, Apple and its affiliates design, develop, manufacture,
import, and sell after importation the Accused Products, which include, inter alia, the mobile
phones listed in Exhibit 9. See, e.g., Exs. 12, 32-33 (Apple Website for iPhone 13 Technical
Specifications; Apple Website iPhone 13 Pro; Apple Website iPhone 12). Apple sells accused
mobile phones directly to consumers located in the United States. See id.
import, and sell after importation the Accused Products, which include, inter alia, the tablet
computers with cellular connectivity listed in Exhibit 9. See, e.g., Exs. 13, 34-35 (Apple Website
iPad Technical Specifications; Apple Website iPad Pro; Apple Website iPad). Apple sells accused
tablet computers with cellular connectivity directly to consumers located in the United States. See
id.
import, and sell after importation the Accused Products, which include, inter alia, the smart
watches with cellular connectivity listed in Exhibit 9. See, e.g., Exs. 14, 36 (Apple Website Watch
Model Comparison; Apple Website Watch Series 6). Apple sells accused smart watches with
cellular connectivity directly to consumers located in the United States. See id.
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24. On information and belief, Apple also sells the Accused Products within the United
States through major retail outlets such as Best Buy, Target, Wal-Mart, Verizon, AT&T, T-Mobile,
U.S. Cellular, Amazon, Costco, StraightTalk, Xfinity, and numerous other online stores and
resellers. See, e.g., Exs. 15-20 (third party websites advertising Accused Products for sale).
25. On information and belief, Apple also performs several services to support the
importation and sale of the Accused Products into and within the United States, including
marketing the Accused Products, developing and distributing software, repairing the Accused
Products, and other after-sale services, such as supporting and configuring the Accused Products,
as well as providing technical support to U.S.-based customers and distributors to conform the
Accused Products to purchaser requests. See, e.g., Exs. 21-22 (Apple Web Pages for Apple Repair
and Official Apple Support).
III. THE ACCUSED PRODUCTS
26. Pursuant to Commission Rule 210.10(b)(1), the Accused Products are iPhones,
iPads, and Apple Watches with cellular connectivity. On information and belief, those products
utilize industry standard telecommunications technology. See, e.g., Exs. 12-14 (Apple Website
Technical Specifications for iPhone 13 and iPad; Apple Website Watch Model Comparison).
IV. STATEMENT OF RELATED CASES
A. Litigation Related to the Asserted Patents
27. In 2015, Ericsson asserted, inter alia, the ’805 Patent against Apple in Certain
Wireless Standard Compliant Elec. Devices, Including Commc’n Devices & Tablet Computers,
Inv. No. 337-TA-953, which was instituted on March 15, 2015. See Comm’n Notice, 80 Fed. Reg.
18255 (Apr. 3, 2015). That case was terminated based on settlement between the parties.
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B. Other Litigations Between the Parties
28. On October 4, 2021, Ericsson brought suit against Apple in district court. See
Ericsson Inc. and Telefonaktiebolaget LM Ericsson v. Apple Inc., 2:21-cv-00376-JRG. The case
does not involve any assertion of infringement of the Asserted Patents.
29. On December 17, 2021, Apple brought suit against Ericsson in district court. See
Apple Inc. v. Telefonaktiebolaget LM Ericsson et al., 2:21-cv-00460-JRG.
30. Ericsson and Apple have been opposing parties in the following Patent and
Trademark Appeals Board proceedings:
i) Apple Inc. v. Ericsson, IPR2015-01905
ii) Apple Inc. v. Ericsson, IPR2015-01904
iii) Apple Inc. v. Ericsson, IPR2015-01919
iv) Apple Inc. v. Ericsson, IPR2016-00004
v) Apple Inc. v. Ericsson, IPR2016-00050
vi) Apple Inc. v. Ericsson, IPR2016-00108
vii) Apple Inc. v. Ericsson, IPR2016-00107
viii) Apple Inc. v. Ericsson, IPR2016-00106
ix) Apple Inc. v. Ericsson, IPR2016-00110
x) Apple Inc. v. Ericsson, IPR2016-00109
xi) Apple Inc. v. Ericsson, IPR2016-00154
xii) Apple Inc. v. Ericsson, IPR2016-00152
31. Ericsson and Apple have been opposing parties in the following district court
proceedings:
i) Apple Inc. v. Telefonaktiebolaget LM Ericsson et al., 3-15-cv-00154 (NDCA)
ii) Ericsson Inc. et al v. Apple Inc., 2:15-cv-00293 (EDTX)

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iii) Ericsson Inc. et al v. Apple Inc., 2:15-cv-00292 (EDTX)
iv) Ericsson Inc. et al v. Apple Inc., 2:15-cv-00291 (EDTX)
v) Ericsson Inc. et al v. Apple Inc., 2:15-cv-00290 (EDTX)
vi) Ericsson Inc. et al v. Apple Inc., 2:15-cv-00289 (EDTX)
vii) Ericsson Inc. et al v. Apple Inc., 2:15-cv-00288 (EDTX)
viii) Ericsson Inc. et al v. Apple Inc., 2:15-cv-00287 (EDTX)
32. Ericsson and Apple have been opposing parties in the following foreign
proceedings:
i) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GMBH, 4a O 49/15
ii) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GMBH, 4a O 51/15
iii) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GMBH, 4a O 98/15
iv) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GMBH, 4a O 99/15
v) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GMBH, 4a O 102/15
vi) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GMBH, 4a O 103/15
vii) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GMBH, 4a O 104/15
viii) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GMBH, 4a O 105/15
ix) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
International, Ireland, 4a O 50/15
x) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xi) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
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xii) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xiii) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xiv) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xv) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xvi) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xvii) Telefonaktiebolaget LM Ericsson v. Apple, Inc. and Apple Distribution
International, 2 O 74/15
xviii) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GmbH, 2 O 75/15
xix) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GmbH, 2 O 97/15
xx) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GmbH, 2 O 98/15
xxi) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GmbH, 2 O 99/15
xxii) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GmbH, 2 O 100/15
xxiii) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GmbH, 2 O 101/15
xxiv) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GmbH, 2 O 102/15
xxv) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GmbH, 2 O 103/15
xxvi) Telefonaktiebolaget LM Ericsson v. Apple Retail Germany GmbH, 2 O 104/15
xxvii) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
International, Ireland, 2 O 205/15
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xxviii) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xxix) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xxx) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xxxi) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xxxii) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xxxiii) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xxxiv) Telefonaktiebolaget LM Ericsson v. Apple, Inc. Cupertino and Apple Distribution
xxxv) Telefonaktiebolaget LM Ericsson (publ) v. Apple Retail UK Limited and Apple
Distribution International, HP-2015-000023
xxxvi) Telefonaktiebolaget LM Ericsson v. Apple Retail Netherlands BV, Apple Benelux
BV, Apple Inc., Apple Distribution International and Apple Sales International,
C/09/497101/HA ZA 15/1100
xxxvii) Telefonaktiebolaget LM Ericsson v. Apple Retail Netherlands BV, Apple Benelux
C/09/497918/HA ZA 15/1154
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xxxviii) Telefonaktiebolaget LM Ericsson v. Apple Retail Netherlands BV, Apple Benelux
C/09/498753/HA ZA 15/1215
xxxix) Telefonaktiebolaget LM Ericsson v. Apple Retail Netherlands BV, Apple Benelux
C/09/499608/HA ZA 15/1265
xl) Telefonaktiebolaget LM Ericsson v. Apple Retail Netherlands BV, Apple Benelux
C/09/500495/HA ZA 15/1321
V. THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS1
A. The ’805 Patent
(1) Identification of the Patent and Ownership
33. United States Patent No. 8,102,805 is entitled “HARQ in Spatial Multiplexing
MIMO System,” and issued on January 24, 2012. The ’805 Patent expires on December 13, 2028,
is based on U.S. Patent Application No. 12/447,522 filed on October 26, 2007, and claims priority
to Foreign Patent Application No. SE0602300 filed on October 31, 2006. See Ex. 1 (’805 Patent).
34. Telefonaktiebolaget LM Ericsson owns, by assignment, all right, title, and interest
in and to the ’805 Patent. The inventors of the ’805 Patent, Bo Göransson, Per Johan Torsner, and
Stefan Parkvall, assigned their rights in the ’805 Patent to Telefonaktiebolaget LM Ericsson.
Certified copies of the assignments are attached as Ex. 5.
1
The description of the technology at issue is provided for purpose of general information and
understanding and is not meant to be a position with respect to claim construction and/or other
technical aspects of patent law. No part of this Complaint, including any sections herein or Exhibit
hereto, construes, or is intended to construe, the specification, file history, or claims of any of the
Asserted Patents.
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35. A certified copy of the ’805 Patent is submitted as Exhibit 1. A certified copy of
the U.S. Patent and Trademark Office file history for the ’805 Patent and copies of each technical
reference mentioned in the file history are submitted as Appendix A.
(2) Non-Technical Description of the Patented Inventions
36. The ’805 Patent describes, among other things, a technique for a base station and a
user’s cellular device to talk to each other when an error occurs during an initial reception of data
by the cellular device and that data must be retransmitted. Further, the inventions relate to a base
station containing a plurality of antennas that are transmitting to the user’s cellular device at the
same time (e.g., spatial multiplexing) and to a user cellular device that operates in a spatial
multiplexing wireless communication system. This process includes signaling and processing
scheduling information in a spatial multiplexing wireless communication system where multiple
antennas transmit different streams of information at the same time. When an error occurs in one
of the transmissions, the inventions of the ’805 Patent facilitate efficient signaling of re-
transmission process information, which may be employed in hybrid automatic repeat request
(“HARQ”) error control systems. The inventions of the ’805 Patent further relate to the radio
frequency signal path on a user’s cellular device including the RF front end circuitry, the
transceiver, the modem, and the baseband processing circuitry.
(3) Patent Declaration
37. The asserted ’805 Patent, filed as U.S. Patent Application No. 12/447,522, was
declared to 3GPP (ETSI) at least on September 17, 2009. See Ex. 77 at 10-11. Ericsson is not
aware of any final judicial determinations finding that the ’805 Patent is essential to the relevant
standards.
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B. The ’355 Patent
38. United States Patent No. 9,532,355 is entitled “Transmission of system information
on a downlink shared channel” and issued on December 27, 2016. The ’355 Patent expires on
April 10, 2028, is based on U.S. Patent Application No. 14/639,287, filed on March 5, 2015, and
claims priority to U.S. Patent Application No. 12/664,347, filed on December 11, 2009;
International Patent Application No. PCT/SE2008/050407, filed on April 10, 2008; and U.S.
Provisional Patent Application No. 60/944,628, filed on June 18, 2007. See Ex. 2 (’355 Patent).
in and to the ’355 Patent. The inventors of the ’355 Patent, Erik Dahlman and Vera Vukajlovic
Kenehan, assigned their rights in the ’355 Patent to Telefonaktiebolaget LM Ericsson. Certified
copies of the assignments are attached as Ex. 6.
40. A certified copy of the ’355 Patent has been submitted as Ex. 2. A certified copy of
the U.S. Patent and Trademark Office file history for the ’355 Patent and copies of each technical
reference mentioned in the file history are submitted as Appendix B.
41. The ’355 Patent describes, among other things, a flexible and efficient method for
transmitting system information in a wireless communication network. In wireless networks, it
may be necessary to transmit system information (e.g., network cell identities, random access
parameters, and other basic information necessary for a wireless device to first access a network
cell) from the network to the wireless device. Where such information is necessary for access to
the network, that information must be transmitted on a frequently recurring basis to ensure that
new devices (e.g., those devices first turned on or those devices moving into the geographic area
of the cell) can quickly access the network. But the transmission of recurring system information
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occupies network bandwidth that could otherwise be devoted to user data. On the user equipment
(“UE”) side, searching for and decoding system information transmissions requires UE power
consumption that can reduce battery life. As a result, the scheduling and signaling of system
information transmissions is a critical network design consideration.
42. The ’355 Patent discloses transmitting system information within regularly
occurring system information time windows, each time window spanning a number of successive
time subframes. Within the time windows, system information can be dynamically scheduled, i.e.,
transmitted by the base station on any or all of the subframes within the window, at the network’s
discretion. The presence of system information on a subframe within the window is indicated to
the user device by an indicator, called a System Information Radio Network Temporary Identifier
(“SI-RNTI”), which is transmitted in each subframe also carrying system information. In this way,
the ’355 Patent solution efficiently balances network bandwidth and scheduling flexibility
considerations with wireless device power consumption needs. The inventions of the ’335 Patent
further relate to the radio frequency signal path on a user’s cellular device including the RF front
end circuitry, the transceiver, the modem, and the baseband processing circuitry.
43. The asserted ’355 Patent, filed as U.S. Patent Application No. 14/639,287, was
declared to 3GPP (ETSI) at least on September 17, 2009 and May 19, 2017. See Ex. 77 at 14; Ex.
78. Ericsson is not aware of any final judicial determinations finding that the ’355 Patent is
essential to the relevant standards.
C. The ’872 Patent
44. United States Patent No. 11, 139,872 is entitled “Codebook Subset Restriction
Signaling” and issued on October 5, 2021. The ’872 Patent expires on January 11, 2036, is based
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on U.S. Patent Application No. 17/168,616, filed February 5, 2021 and claiming priority to U.S.
Patent Application Nos. 17/001,133, filed August 24, 2020; 16/239,870, filed January 4, 2019; and
15/105,648 filed on January 11, 2016; and to U.S. Provisional Patent Application No. 62/103,101,
filed on January 14, 2015. See Ex. 3.
in and to the ’872 Patent. The inventors of the ’872 Patent—Sebastian Faxér, Mattias Frenne,
Simon Järmyr, George Jöngren, and Niklas Wernersson—assigned their rights in the ’872 Patent
to Telefonaktiebolaget LM Ericsson. Certified copies of the assignments are attached as Exhibit 7.
46. A certified copy of the ’872 Patent has been submitted as Exhibit 3. A certified
copy of the U.S. Patent and Trademark Office file history for the ’872 Patent and copies of each
technical reference mentioned in the file history are submitted as Appendix C.
47. The ’872 Patent relates, for example, to codebook subset restriction signaling for
use in a wireless communication system. As technical background, wireless communication
systems using multiple antennas implement precoding to adjust the signals to better fit the current
channel properties. A common approach is to select the precoder matrix from a finite and indexed
set, a so-called codebook. Codebook subset restriction selects a subset of the precoders in the
codebook that are restricted so that the user equipment (“UE”) has a smaller set of possible
precoders to choose from. For example, a small codebook size may be desirable to keep the
signaling overhead down.
48. The ’872 Patent discloses, for example, codebook subset restriction signaling that,
for each of one or more groups of precoders, jointly restricts the precoders in the group by
restricting a certain component (e.g., a certain beam precoder) that the precoders in the group have
in common. This signaling may be for instance rank-agnostic signaling that jointly restricts the
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precoders in a group without regard to the precoders’ transmission rank. The network node sends
the generated signaling to the UE. The inventions of the ’872 Patent further relate to the radio
frequency signal path on a user’s cellular device including the RF front end circuitry, the
transceiver, the modem, and the baseband processing circuitry.
49. The asserted ’872 Patent’s grandparent application, as U.S. Patent Application No.
15/105,648, was declared to 3GPP (ETSI) at least on December 8, 2017, December 15, 2017, and
December 16, 2019. See [Ex. 80]. Ericsson is not aware of any final judicial determinations finding
that the ’872 Patent is essential to the relevant standards.
D. The ’817 Patent
50. United States Patent No. 10,425,817 is entitled “Subscription Concealed Identifier”
and issued on September 24, 2019. The ’817 Patent expires on July 17, 2038, is based on U.S.
Patent Application No. 16/200,037 filed on November 26, 2018 and claims priority to International
Patent Application No. PCT/EP2018/069432, filed on July 17, 2018, and U.S. Provisional Patent
Application No. 62/536,632, filed on July 25, 2017. See Ex. 4.
in and to the ’817 Patent. Five inventors of the ’817 Patent—Noamen Ben Henda, David
Castellanos Zamora, Prajwol Kumar Nakarmi, Pasi Saarinen, and Monica Wifvesson—assigned
their rights in the ’817 Patent to Telefonaktiebolaget LM Ericsson. Inventor Vesa Torvinen
assigned his rights in the ’817 Patent to Oy LM Ericsson AB. Oy LM Ericsson AB in turn assigned
its rights in the ’817 Patent to Telefonaktiebolaget LM Ericsson. Certified copies of the
assignments are attached as Exhibit 8.
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52. A certified copy of the ’817 Patent has been submitted as Exhibit 4. A certified
copy of the U.S. Patent and Trademark Office file history for the ’817 Patent and copies of each
technical reference mentioned in the file history are submitted as Appendix D.
53. The ʼ817 Patent relates to, among other things, a system and method for
maintaining the confidentiality of a subscriber’s unique identifier in a wireless communication
network. As background, a subscriber is permanently assigned a unique identifier by a network
operator so that the operator can authenticate the subscriber and allow access to its wireless
communication network. This unique identifier is securely stored in the user’s mobile device.
During the authentication procedure, the user’s device may need to send the subscriber permanent
identifier over the air in a wireless communication network, such as when a mobile device registers
with a network after being powered on. In these situations, it is important to ensure that the privacy
of a subscriber’s unique identifier is maintained.
54. The ’817 Patent describes, among other things, encrypting a subscription
permanent identifier (a subscriber’s unique identifier) into a subscription concealed identifier,
transmitting it in a wireless communications network, and decrypting the subscription concealed
identifier to obtain the subscription permanent identifier. The ’817 Patent discloses user equipment
generating a subscription concealed identifier from a subscription permanent identifier where the
subscriber’s subscription identifier is encrypted. The subscription concealed identifier also
contains a home network identifier and other data fields in plain-text. The subscription concealed
identifier is sent to an authentication server and then a de-concealing server for decrypting. The
inventions allow for a subscriber’s permanent identifier to remain concealed during wireless
transmission from attackers attempting to capture the permanent identifier and track the user. The
inventions of the ’817 Patent further relate to the radio frequency signal path on a user’s cellular
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device including the RF front end circuitry, the transceiver, the modem, and the baseband
processing circuitry.
55. The asserted ’817 Patent, filed as U.S. Patent Application No. 16/200,037, which
claims priority to U.S. provisional patent application No. 62/536,632, was declared to 3GPP
(ETSI) at least on December 22, 2017. See Exs. 81-82. Ericsson is not aware of any final judicial
determinations finding that the ’817 Patent is essential to the relevant standards.
E. LICENSES
56. As required under Commission Rule 210.12(a)(9)(iii), a list of the known currently
licensed entities is attached to this Complaint. See Confidential Exs. 74C-75C (List of Licensees
for 4G and 5G Products). In addition, contemporaneous with the filing of this Complaint, Ericsson
has or will seek consent, to identify additional license(s), the existence of which may be subject to
non-disclosure requirements.
F. FOREIGN COUNTERPARTS
57. A chart identifying the foreign patents and applications corresponding to the
Asserted Patents is attached as Exhibit 24. To the best of Ericsson’s knowledge, information, and
belief, there is no other foreign patent issued or foreign patent application pending, filed,
abandoned, withdrawn, or rejected corresponding to the Asserted Patents.
VI. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS—PATENT

INFRINGEMENT
58. Importation of the Apple Accused Products infringes the ’805 and ’355 Patents
based on at least its practice of the 4G standards identified in the attached claim charts. See Exs.
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25, 27.2 Apple imports, owns, operates, and/or sells wireless communications products, including
products that Apple says support “4G” and/or “LTE” connectivity. See, e.g., Ex. 30 (Apple Store
Online). Apple advertises its products’ connectivity with specific “LTE” bands, including certain
specific “4G FDD LTE” and “4G TDD LTE” bands. See id. Apple imports, uses, operates, sells,
and/or offers to sell its so-called “4G/LTE” products to consumers. See, e.g., Exs. 32-44; 55-71;
90-99 (Apple Website sales, Bills of Lading including iPhones, iPads, and Apple watches; Apple
product box labels).
59. Apple’s Accused Products that are compliant with the 5G standard also infringe the
’817, ’872, and ’355 Patents based on their practice of the 5G standards identified in the attached
claim charts. See Exs. 26, 28, 29; see also Ex. 9 (Accused Products List, including an identification
of the “5G” devices). Apple imports, owns, operates, and/or sells wireless communications
products, including products that Apple says support “5G” connectivity. See, e.g., Ex. 30 (Apple
Store Online). Apple advertises its products’ 5G connectivity, including 5G Non-Standalone
(“NSA”) and Standalone (“SA”). See id. Apple imports, uses, operates, sells, and/or offers to sell
its so-called “5G” products to consumers. See, e.g., Exs. 32-34; 92-99 (Apple Online Store for
iPhone 13 Pro, iPhone 12, and iPad Pro (5th Gen); Labels for Apple 5G products).
A. Infringement of the ’805 Patent
60. On information and belief, the Accused Products that are sold for importation,
imported, and/or sold within the United States after importation by Apple infringe at least claims
19-20, 22-27, and 29-32 of the ’805 Patent, either literally or under the doctrine of equivalents.
2
As noted in the attached claim charts, all subsequent releases of 3GPP 4G and 5G standards are
backwards-compatible with the releases included in the claim charts. See Exs. 83-84.
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61. On information and belief, Apple directly infringes one or more claims of the ’805
Patent through its manufacture, sale for importation, importation, use, and sale after importation
of one or more Accused Products.
62. On information and belief, Apple knowingly and intentionally induces users of one
or more of the Accused Products to directly infringe one or more claims of the ’805 Patent by
encouraging, instructing, and aiding one or more persons in the United States, including Apple
employees who test and operate Accused Products at the direction of Apple, to make, use
(including testing those devices and methods), sell, or offer to sell one or more of the Accused
Products, during or after such article’s importation into the United States, in a manner that infringes
the ’805 Patent. See Ex 9 (Accused Product List). On information and belief, Apple was aware of
the ’805 Patent or acted with willful blindness as to its existence at least as a result of Ericsson’s
2015 complaint against Apple in Inv. No. 337-TA-953, Matter of Certain Wireless Standard
Compliant Electronic Devices, Including Communication Devices and Tablet Computers, in which
Ericsson asserted the ’805 Patent; Ericsson’s complaint against Apple in the Eastern District of
Texas (2:15-cv-287), in which Ericsson also asserted the ’805 Patent and the filing of this
Complaint.
63. On information and belief, Apple contributes to the infringement of one or more
claims of the ’805 Patent by offering to sell or selling and/or importing a patented component or
material and/or apparatus used to practice a patented process, constituting a material part of the
inventions, knowing the same to be especially made or especially adapted for use in an
infringement and not a staple article or commodity of commerce suitable for substantial non-
infringing use.
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64. A claim chart that applies each of the asserted independent claims of the ’805 Patent
to the Accused Products is attached as Exhibit 25. The standards referenced in this claim chart can
be found in Exhibits 31.1, 31.2, 31.3.
B. Infringement of the ’355 Patent
17, 19, 20-21, 23-24, 26-27, 29, 33-36 of the ’355 Patent, either literally or under the doctrine of
equivalents.
the ’355 Patent. Ex. 9 (Accused Product list). On information and belief, Apple was aware of the
’355 Patent or acted with willful blindness as to the existence at least as a result of the filing of
this Complaint.
to the Accused Products is attached as Exhibit 27. The 4G standards referenced in this claim chart
can be found in Exhibits 31.6, 31.7, 31.8, 31.9.
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infringing use.
to the 4G/5G Accused Products is attached to this Complaint as Exhibit 28. The 5G standards
referenced in this claim chart can be found in Exhibits 31.10. 31.11, 31.12, 31.13, 31.14, 31.15,
31.16.
C. Infringement of the ’872 Patent
7-12 and 19-24 of the ’872 Patent, either literally or under the doctrine of equivalents.
the ’872 Patent. See Ex. 9 (Accused Products List). On information and belief, Apple was aware
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of the ’872 Patent or acted with willful blindness as to its existence at least as a result of the filing
of this Complaint.
infringing use.
to the Accused Products is attached as Exhibit 29. The standards referenced in this claim chart can
be found in Exhibits 31.14 and 31.16.
D. Infringement of the ’817 Patent
10-16 of the ’817 Patent, either literally or under the doctrine of equivalents.
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the ’817 Patent. See Ex. 9 (Accused Products List). On information and belief, Apple was aware
of the ’817 Patent or acted with willful blindness as to its existence at least as a result of the filing
of this Complaint.
infringing use.
to the Accused Products is attached to this Complaint as Exhibit 26. The standards referenced in
this claim chart can be found in Exhibits 31.4, 31.6, and 31.10.
VII. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE
81. Apple’s Accused Products are manufactured and assembled at foreign facilities.
For example, each Apple product includes the phrase “Designed by Apple in California.
Assembled in China.” See Exs. 40-44; 55-71; 90-99. Further, it is well reported that “Apple uses
contract manufacturers to produce its devices in China. For example, Foxconn, Pegatron, and
Wistron employ hundreds of thousands of workers to assemble Apple devices in China.” Ex. 23
(Guardian Article regarding Apple suppliers and manufacturers).
82. The Accused Products are then sold for importation into the United States, imported
into the United States, sold within the United States after importation by Apple, and/or offered for
sale after importation. A large number of models of Apple’s Accused Products are available for
purchase in the United States. See, e.g., Ex. 32-36 (Apple products for sale on Apple website). For
example, as shown on the Apple’s U.S. website, many models of Apple’s Accused Products are
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available for purchase in the United States. See, e.g. Ex. 30 (Apple Online Store). In addition, there
are numerous third-party websites and stores in the United States where the Accused Products may
be purchased. See, e.g., Exs. 15-20 (third party sellers advertising sale of Apple products). Apple’s
5G devices are available to purchase at these same locations.
83. An exemplary Accused Product, the Apple iPhone 13, model A2482, is assembled
in China and on information and belief is sold for importation into the United States. See Ex. 97
(indicating that the product was assembled in China). On information and belief, the Apple iPhone
13 is then imported into the United States and sold within the United States after importation. See
Exs. 37-38 (Bills of lading showing importation of iPhones, iPads, and smart watches); see also
Ex. 72 (indicating the product was purchased in the United States). Upon information and belief,
Apple offers for sale allegedly infringing mobile phones—marquee products in Apple’s global
portfolio—both directly and through its retail contracts to consumers in the United States. See Ex.
100 (noting that Apple is in the middle of its product cycle); Ex. 101 (Counterpoint Research data
showing Apple sold 53% of all smartphones sold in 2021Q2, and that iPhone 12 demand remained
strong).
84. A second exemplary Accused Product is the Apple tablet with cellular connectivity
Apple iPad Pro 12.9-inch (5th Gen) with Wifi and Cellular. Photographs of the Apple iPad Pro
12.9-inch (5th Gen) with Wifi and Cellular are included in Exhibit 39. The Apple iPad Pro 12.9-
inch (5th Gen) with Wifi and Cellular, model 2379, is assembled in China and on information and
belief is sold for importation into the United States. See id. (indicating that the product was
assembled in China). The Apple iPad Apple iPad Pro 12.9-inch (5th Gen) with Wifi and Cellular
is then imported into the United States and sold within the United States after importation. See Ex.
38 (bill of lading indicating iPads were imported into the United States); see also Ex. 73 (indicating
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the product was purchased in the United States). On information and belief, Apple offers for sale
allegedly infringing tablets both directly and through its retail contracts to consumers in the United
States.
85. A third exemplary Accused Product is the Apple Watch Series 7. Photographs of
the Apple Watch Series 7 are included in Exhibits 36 and 40. The Apple Watch Series 7, model
A2475, is made in China and on information and belief is sold for importation into the United
States. See Ex. 40 (indicating that the product was made in China). On information and belief, the
Apple Watch Series 7 is then imported into the United States and sold within the United States
after importation. See Ex. 38 (bill of lading showing importation of smart watches); see also Ex.
76 (indicating the product was purchased in the United States). On information and belief, Apple
offers for sale allegedly infringing smart watches, both directly and through its retail contracts to
consumers in the United States.
VIII. HARMONIZED TARIFF SCHEDULE ITEM NUMBERS
86. On information and belief, the Accused Products are believed to fall within at least
the following Harmonized Tariff Schedule of the United States item number(s): 8517.12.00
(telephones for cellular networks or for other wireless networks); and 8471.30.01 (portable
automatic data processing machines).
IX. THE DOMESTIC INDUSTRY
87. With respect to the Asserted Patents, a domestic industry in the United States exists
as defined by 19 U.S.C. § 1337(a)(3)(A)-(C), comprising significant investments in physical
operations, employment of labor and capital, and substantial exploitation of the Asserted Patents
through engineering, research and development, and licensing. Domestic industry exists based on
each of: (a) Ericsson’s products and domestic activities; (b) licensee Samsung’s products and
domestic activities; and (c) Ericsson’s licensing activities.

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Asserted Patent Claims Practiced by Domestic Industry Products
U.S. Patent No. 8,102,805 Samsung User Equipment (4G UE) Products: 19-20, 22- 27, 29-
32
Ericsson Base Station (4G eNB) Products: 1, 2, 5, 8-11, 14, 17-18
U.S. Patent No. 9,532,355 Samsung User Equipment (4G and 5G UE) Products: 17, 19-21,
23-24, 26-27, 29, 33-36
Ericsson Base Station (4G and 5G eNB) Products: 1-4, 6-7, 9-16,
30-32
U.S. Patent No. Samsung User Equipment (5G UE) Products: 7-12, 19-24
11,139,872 Ericsson Base Station (5G gNB) Products: 1-6, 13-18
U.S. Patent No. Samsung User Equipment (5G UE) Products: 10-16
10,425,817 Ericsson Core Network (5G CN) Product: 1, 3-6, 8-9
A. Ericsson’s Domestic Activities
88. Pursuant to Section 337(a)(2) and (a)(3)(A)-(C), a domestic industry exists with
respect to articles protected by the Asserted Patents by virtue of Ericsson’s significant investments
in plant and equipment, significant employment of labor or capital, and substantial investments in
exploitation of the Asserted Patents through engineering and research and development. Ericsson’s
U.S. operations are managed from Ericsson, Inc.’s headquarters in Plano, Texas, and Ericsson
maintains various facilities throughout the country. Thousands of Ericsson employees across the
U.S. engage in a wide range of activities that result in the creation of functioning mobile networks
upon which millions of consumers in the U.S. rely. Ericsson engineers dedicate substantial time to
developing, building, and implementing the next generation of information, communications, and
telecommunications networks in the United States.
89. Ericsson’s antenna and radio system products, including base stations, are elements
of networks that comprise both the LTE Radio Access Network (“RAN”) and the 5G NR RAN. A
high-level depiction of Ericsson’s radio system functionality in the LTE context is shown below:
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The Radio Node corresponds to eNodeB in 3GPP LTE specifications, and it controls the radio
connections with connected user equipment (“UE”) and manages the cell resources, including
connection mobility control.
90. A high-level depiction of the RAN is shown below:
91. The RAN is comprised of all the network elements that provide access links
between the UE and the core network. The UE includes the end-user terminals, such as mobile
phones and PCs. The User Plane access link carries the end-user payload traffic of voice, video,
or any data traffic. The Control Plane access link carries control signaling for user plane traffic.
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92. Just as the eNodeB is the LTE-specific radio node in the LTE RAN, the gNodeB is
the 5G NR-specific node in the NR RAN. Like the eNodeB, the gNodeB provides significant
telecommunication capabilities including communications as defined in the relevant 4G LTE and
5G NR standards. Ericsson’s eNodeB/gNodeB products comprise exemplary products: 1)
Ericsson’s AIR 6449 product plus Ericsson’s Baseband 6630 or 6648 product and 2) Ericsson’s
Radio 4449 product plus Ericsson’s Baseband 6630 or 6648 product.
93. The figure below provides an example of how an Ericsson AIR/Radio Units may
be installed and connected to an Ericsson Baseband product:
94. Ericsson’s AIR units (e.g., an AIR 6449) and Radio units (e.g., a Radio 4449) may
be used for both LTE and NR communications. Ericsson’s “Baseband Units,” referred to in the
above figure, may include a Baseband 6630 or Baseband 6648. Ericsson’s Baseband Units support
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significant telecommunication capabilities including LTE and NR communications as defined in
the relevant 4G and 5G standards.
95. In addition to supplying the RAN, Ericsson supplies portions of the Core Network.
Ericsson’s Cloud Core is a fundamental piece of the 5G network that enhances end user experience
while simplifying operations and improving network capabilities. Ericsson’s Cloud Core includes
subscription management solutions that provide subscriber data management, mobility
management, user security and authentication (SIM and non-SIM based), access authorization, and
service authorization.
96. Ericsson’s AIR 6449 with Baseband 6630 or Baseband 6648, and/or Radio 4449
with Baseband 6630 or Baseband 6648, are exemplary embodiments of Ericsson’s products that
practice at least one claim of the ’805 Patent, the ’355 Patent, and the ’872 Patent. Ericsson’s Cloud
Core, including the Cloud Core Subscription Manager, practices at least one claim of the ’817
Patent.
97. A list of Ericsson products that practice at least one claim of the ’805 Patent, the
’355 Patent, and the ’872 Patent (the “Ericsson Base Station Products”) and a list of Ericsson
products that practice at least one claim of the ’817 Patent is attached as Exhibit 10. Ericsson’s
practice of at least one claim of the ’805 Patent, the ’817 Patent, the ’355 Patent, and the ’872
Patent is described in detail in Exhibits 45-46 (ʼ805 Patent), 47-48 (’817 Patent), 49-52 (’355
Patent), and 53-54 (’872 Patent) in view of the relevant standards.
98. Ericsson’s significant and substantial investments in the Ericsson Base Station
Products, its Core Network Product, and its licensing activities are set forth in more detail below.
1. Ericsson’s Smart Factory in Lewisville, Texas
99. Ericsson’s Baseband 6648 product (“BB6648”) is designed to be incorporated into
Ericsson’s radio base station products, including with Ericsson’s AIR 6449 or Radio 4449, and
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practice the ’805, ’355, and ’872 Patents. Ericsson’s radio base station products that incorporate a
Baseband 6648 product practice at least claims 1-2, 5, 8-11, 14, 17-18 of the ’805 Patent, claims
1-4, 6-7, 9-16, 30-32 of the ’355 Patent, and claims 1-6, 13-18 of the ’872 Patent, as shown in
Exhibits 47, 49, 51-53, which are claim charts demonstrating that certain claims of the Asserted
Patents are met by the Ericsson Base Station Products.
100. In 2019 and 2020, Ericsson invested approximately $100 million in the construction
of a 28,000-square-meter state-of-the-art smart factory in Lewisville, Texas for the production of
4G/5G radio base stations and Advanced Antenna System radios, including the BB6648, to boost
network capacity and coverage to meet the demand for rapid deployments in North America.
101. Ericsson’s smart factory currently manufactures Ericsson’s BB6648 product and
Ericsson has made significant investments in plant and equipment and labor and capital with
respect to its smart factory for the manufacture of the BB6648 products. Further details of
Ericsson’s investments in plant and equipment and labor and capital for the smart factory and
manufacture of the BB6648 are provided in Confidential Exhibit 86C, Declaration of Daniela
Pires.
102. Ericsson’s investments in plant and equipment for the manufacture of the BB6648
at the smart factory in Lewisville, TX are significant and establish a domestic industry under 19
U.S.C. § 1337(a)(3)(A) with respect to the ’805, ’355, and ’872 Patents.
103. Ericsson’s investments in labor and capital for the manufacture of its BB6648
products in Lewisville, Texas are significant and establish a domestic industry under 19 U.S.C. §
1337(a)(3)(B) with respect to the ’805, ’355, and ’872 Patents.
104. Ericsson’s deployment of 5G networks is significant. 5G is a new, cutting-edge
technology and the deployment of 5G networks remains in its infancy, particularly when compared
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to the deployment of 4G networks. Thus, to the extent Ericsson’s investments in the Lewisville
smart factory for the manufacture of BB6648 products is not currently a domestic industry under
19 U.S.C. § 1337(a)(3)(A) and(B), Ericsson is in the process of establishing a domestic industry
with respect to those products. The construction of the Lewisville factory and the commencement
of manufacture of BB6648 products demonstrate that Ericsson has actively engaged in steps to
exploit the ’805 Patent, the ’355 Patent, and the ’872 Patent. Ericsson will also substantially
increase production of the BB6648 at the smart factory in Q1 2022. Confidential Exhibit 86C,
Declaration of Daniela Pires. Ericsson’s ramped-up production and continued deployment of the
BB6648 products in its United States RAN demonstrate that there is a significant likelihood that a
domestic industry will be established under 19 U.S.C. § 1337(a)(3)(A) and (B) with respect to the
BB6648 products practicing the ’805 Patent, the ’355 Patent, and the ’872 Patent.
105. Ericsson’s smart factory in Lewisville, TX not only manufactures 5G products, but
is itself powered by Ericsson 5G solutions tailored for the industrial environment. Fast and secure
5G connectivity enables agile operations and flexible production. Ericsson’s 5G industrial
solutions include automated warehouses, connected logistics, automated assembly, packing and
product handling, and the use of autonomous carts.
106. Ericsson has made significant investments in plant and equipment and labor and
capital to construct, maintain, and operate the networks and equipment that power the smart
factory. For example, Ericsson’s smart factory in Lewisville, TX is home to a purpose-built private
5G network, powered by Ericsson’s ERS products like the BB6648, which Ericsson utilizes to
improve the efficiency of its tools and on-site technicians. For example, Ericsson’s smart factory
in Lewisville, TX makes use of automated mobile robots that communicate via the Ericsson 5G
network. Connection to this network improves the mobility of Ericsson’s automated mobile robots
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over alternative solutions, including 4G or WiFi, by, for example, allowing the robots to better
map their real-time environment. Other 5G connected equipment includes augmented reality
devices to increase efficiency of troubleshooting on the manufacturing floor. Further details of
Ericsson’s investments in the smart factory are provided in Confidential Exhibit 86C, Declaration
of Daniela Pires.
107. Ericsson’s investments in plant and equipment for the construction, maintenance,
and operation of the networks and equipment that power the smart factory in Lewisville, Texas
establish a domestic industry under 19 U.S.C. § 1337(a)(3)(A) for the ’355 and ’872 Patents.
108. Ericsson’s investments in labor and capital for the operation and maintenance of
the networks and equipment that power the smart factory in Lewisville, Texas establish a domestic
industry under 19 U.S.C. § 1337(a)(3)(B) for the ’355 and ’872 Patents.
109. Ericsson has also made significant investments and taken concrete steps to expand
the 5G equipment that powers the smart factory in Lewisville, Texas. To the extent those
investments in plant and equipment are not already a domestic industry, Ericsson is in the process
of establishing a domestic industry under 19 U.S.C. § 1337(a)(3)(A) and (B) for the ’355 and ’872
patents with respect to the expansion, maintenance, and operation of the networks and equipment
that power the smart factory in Lewisville, TX for the ’355 and ’872 Patents.
2. Ericsson’s Base Station Products
110. Ericsson Base Station Products, including those manufactured in Texas, are
protected by the ’872, ’805, and ’355 Patents. Ericsson has made significant investments in plant
and equipment for the development, assembly, configuration, programming, testing,
customization, installation, and maintenance of Ericsson’s Base Station Products in the United
States—including its 4G, 5G, and 4G/5G radio and baseband products. See Ex. 10. For example,
Ericsson has made significant investments in plant and equipment for its RAN, Supply, and
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EDAVS (Ericsson Device and Verification Services) groups with facilities in Parsippany and
Piscataway, New Jersey; Plano and Richardson, Texas; Raleigh, North Carolina; Atlanta, Georgia;
Coral Gables, Florida; Chicago, Illinois; Pleasanton, California; Irvine/Pleasanton, California;
Seattle and Bellevue, Washington; Kansas City, Missouri; and Kansas City, Kansas.
111. The RAN organization focuses on pre- and post-deployment design, configuration,
tuning, and optimization of RAN network base station elements. The Supply organization is
responsible for delivery and assembly of base station products. The EDAVS organization is
responsible for pre-acceptance device functionality and testing. Further details of Ericsson’s
investments in plant and equipment are provided in Confidential Exhibit 87C, Declaration of Paul
Challoner.
112. Ericsson’s investments in plant and equipment for the domestic industry base
station products are significant and establish a domestic industry under 19 U.S.C. § 1337(a)(3)(A)
with respect to the ’872 Patent, the ’805 Patent, and the ’355 Patent.
113. Ericsson has made significant employment of labor or capital with respect to
articles protected by the Asserted Patents. Ericsson employs thousands of people within its RAN,
Supply, and EDAVS organizations to develop, assemble, build, configure, program, test, install,
maintain, and support its base station products protected by the ’872 Patent, the ’805 Patent, and
the ’355 Patent. Further details of Ericsson’s investment related to the employment of labor or
capital are provided in Confidential Exhibit 87C, Declaration of Paul Challoner.
114. Ericsson’s investments in labor or capital for the domestic industry base station
products are significant and establish a domestic industry under 19 U.S.C. § 1337(a)(3)(B) with
respect to the ’872 Patent, the ’805 Patent, and the ’355 Patent.
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115. Ericsson has made substantial investments in the exploitation of the Asserted
Patents through engineering and research and development at its RAN, Supply, and EDAVS
facilities in the United States. Ericsson’s engineers devote substantial activities related to the
engineering, development, testing, deployment, and maintenance of base station products
protected by one or more of the ’872 Patent, the ’805 Patent, and the ’355 Patent. Further details
of Ericsson’s investments related to research and development are provided in Confidential Exhibit
87C of Paul Challoner.
116. Ericsson’s investments in engineering, research, and development for the domestic
industry base station products are substantial and establish a domestic industry under 19 U.S.C. §
1337(a)(3)(C) with respect to the ’872 Patent, the ’805 Patent, and the ’355 Patent.
117. Ericsson’s Base Station Products practice at least claims 1-2, 5, 8-11, 14, 17-18 of
the ’805 Patent, claims 1-4, 6-7, 9-16, 30-32 of the ’355 Patent, and claims 1-6 and 13-18 of the
’872 Patent as shown in Exhibits 50, 53, and 54. Exhibits 50, 53, and 54 are claim charts
demonstrating that each limitation of certain claims of certain Asserted Patents are met by
Ericsson’s Base Station Products developed, sold, and/or used in the United States. See Exs. 50,
53, 54.
3. Ericsson’s Cloud Core Products
118. The Ericsson Core Network Product (Cloud Core) is protected by the ’817 Patent.
Ericsson’s Cloud Core is a fundamental piece of the 5G network to enhance end user experience,
simplify operations, add service agility, and improve network capabilities. It establishes reliable
and secure connectivity to the network and access to its services, determines the quality of service,
and enforces it through policy allowing services differentiation and handles wide area mobility
throughout the network. Within Ericsson’s Cloud Core are its subscription management solutions,
including the Cloud Core Subscription Manager, that authorize access to network services for
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multiple user types, ensuring service continuity across different access methods. The solutions
support both legacy (2G/3G/4G) products and container-based 5G network functions, providing
subscriber data management, mobility management, user security and authentication (SIM and
non-SIM based), access authorization, and service authorization. The Cloud Core Subscription
Manager allows operators to manage user types through any access-types anchored to a 5G Core
Network. Ericsson’s Cloud Core, including its subscription management solutions, practice the
’817 Patent.
119. Ericsson has made significant investments in plant and equipment, labor and
capital, engineering, and research and development to support its Cloud Core. Ericsson’s
employees, at facilities in Plano, Texas, undertake a variety of activities with respect to Ericsson’s
Cloud Core. Further details of Ericsson’s investments in plant and equipment are provided in
Confidential Exhibit 88C, Declaration of Kreg Hoodenpyle.
120. Ericsson’s investments in plant and equipment for the cloud core products are
significant and establish a domestic industry under 19 U.S.C. § 1337(a)(3)(A) with respect to the
’817 Patent.
121. Ericsson has made significant investments in labor and capital for its Cloud Core
products. Ericsson personnel are responsible for the design, implementation, integration, and
lifecycle management of Ericsson’s Cloud Core. These operations are necessary to deploy
products for U.S. customers and to ensure that Ericsson’s U.S. customers’ wireless
communications networks operate efficiently and can handle high traffic conditions generated by
millions of subscribers across the United States. Further details of Ericsson’s investments in labor
and capital are provided in Confidential Exhibit 88C, Declaration of Kreg Hoodenpyle.
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122. Ericsson’s investments in labor and capital for its cloud core products are
significant and demonstrate that a domestic industry exists under 19 U.S.C. § 1337(a)(3)(B) with
respect to the ’817 Patent.
123. Ericsson has made substantial investments in engineering and research and
development for its Cloud Core products. Further details of Ericsson’s investments in engineering
and research and development are provided in Confidential Exhibit 88C, Declaration of Kreg
Hoodenpyle.
124. Ericsson’s investments in engineering and research and development for its cloud
core products are substantial and demonstrate that a domestic industry exists under 19 U.S.C. §
1337(a)(3)(C) with respect to the ’817 Patent.
125. To the extent Ericsson’s investments in plant and equipment, labor and capital,
engineering, and research and development are not already a domestic industry, Ericsson is in the
process of establishing a domestic industry with respect to its Cloud Core. Ericsson has actively
engaged in steps, including the planned deployment of several additional private networks in 2022,
to exploit the ’817 Patent. Further details of Ericsson’s investments are provided in Confidential
Exhibit 88C, Declaration of Kreg Hoodenpyle, and demonstrate that there is a likelihood that a
domestic industry under 19 U.S.C. § 1337(a)(3)(A-C) will be established with respect to the ’817
Patent.
126. Ericsson’s Cloud Core Products practice at least claims 1, 3-6, and 8-9 of the ’817
Patent as shown in Exhibit 47. Exhibits 47 is a claim charts demonstrating that each limitation of
certain claims of certain Asserted Patents are met by Ericsson’s Cloud Core Products developed,
sold, and/or used in the United States. See Ex. 47.
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B. Samsung’s Domestic Industry
127. In an agreement currently in effect, Ericsson granted Samsung Electronics Co., Ltd.
(“SEC”) a patent license to certain Ericsson patents that covers the Asserted Patents. See Ex. 110C
(2021 Samsung License Agreement); see also Ex. 102C (2014 Samsung License Agreement).3
128. Exhibit 111 provides a list of the Samsung Domestic Industry products that practice
the Asserted Patents. Exhibits 46, 48, 51-52, and 54 are claim charts demonstrating that each of
the Asserted Patents is practiced by at least one of Samsung’s Domestic Industry products.
129. On information and belief, SEC, through subsidiaries such as Samsung Electronics
America, Inc. (“SEA”) and Samsung Research America, Inc. (“SRA”) (SEC, SEA, and SRA
collectively “Samsung”), has made significant investments in plant and equipment and/or in the
employment of labor or capital, and/or has made substantial investments in the exploitation of the
Asserted Patents through engineering, research and development, testing, repair, packaging, and
distribution at various facilities in the United States.
130. Founded in 1969, SEC has grown to become a world leader in the design,
manufacture, and marketing of a wide variety of electronic products including mobile
communication devices such as smartphones and tablets and “has long focused on the United
States as a critical market for its products.” Exhibit 103 at ¶ 9, Samsung Complaint, 337-TA-794.
In 1996 Samsung Telecommunications America (now SEA) was established to engage in activities
in the United States and has made “consistent investment in design, research, development, testing,
3
Pursuant to 19 C.F.R. § 210.12(a)(9)(iv), public versions of the license agreements with
Samsung are provided as Exhibits 110 and 102 to this Complaint. Ericsson is seeking the
required consent of and/or has provided the required notice to Samsung to provide full
confidential copies of the license agreements, which will be provided as supplemental exhibits to
this Complaint.
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customer service, packaging, and distribution” of its wireless communications devices in the
United States. Id.
131. Through SEA, Samsung is a leading supplier in the United States of consumer
electronics, offering a broader array of products than any other manufacturer and having the largest
breadth of distribution for its products. Samsung sells its smartphones and tablets to nearly every
national, regional, and local wireless carrier, including the “big four” carriers—AT&T, Sprint, T-
Mobile, and Verizon—and many local and regional carriers—e.g., U.S. Cellular and MetroPCS.
Exhibit 104 at 1, Samsung Comments, 337-TA-1010. Many of Samsung’s products are developed
for the U.S. market and tested in the United States. For example, in accordance with federal
regulations and/or carrier requirements, Samsung’s smartphones must be tested on U.S. networks
before they can be sold or distributed in the United States. Id. at 3.
132. SEA is a corporation organized and existing under the laws of the State of New
York, having its headquarters located at 85 Challenger Road, Ridgefield Park, New Jersey. As of
March 31, 2021, SEA had over approximately $34 billion in assets in the United States and sales
of over approximately $8 billion in Q1 2021. Exhibit 105 at 21, Q1 2021 Interim Consolidated
Financial Statements of Samsung Electronics Co., LTD. and Its Subsidiaries.
133. In 2018, SEA began a $100 million renovation of facilities in Plano, Texas to
develop a 216,000 square foot campus housing over 1000 employees in multiple divisions,
including SEA’s Mobile, Mobile R&D, and Engineering Divisions. Occupancy of this facility
began in Q1 2019. Exhibit 85, Samsung Electronics to Open Flagship North Texas Campus. In
addition to the Plano facility, SEA’s headquarters in Ridgefield, NJ, has over 1300 employees who
work across multiple divisions, including consumer electronics. Exhibit 106,
https://www.themuse.com/profiles/samsungelectronicsamerica/location/ridgefield-park.
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134. Samsung, in addition to the activities of SEA, relies on SRA to play a critical role
in developing next generation software, user experiences, and services key domains including 5G/
communication networks. Exhibit 107, https://research.samsung.com/sra. Headquartered in
Mountain View, CA, in the heart of Silicon Valley, and augmented by teams in key technology
centers across North America, SRA develops new technologies to enhance the competitive edge
of Samsung products. Id. SRA employs approximately 900 individuals across facilities located in
Mountain View, CA, Plano, TX, Cambridge, MA, Irvine, CA, New York, NY, and Valencia, CA.
Exhibit 108, https://www.sra.samsung.com/locations/, Exhibit 109,
https://www.dnb.com/business-directory/company-
profiles.samsung_research_america_inc.532c8ba4a2a65bc0d8191453e3a4f1c2.html.
135. Samsung has been found to meet the domestic industry requirement with respect to
its mobile device business segment. See Certain Electronic Devices, Including Wireless
Communications Devices, Portable Music and Data Processing Devices, and Tablet Computers,
Inv. No. 337-TA-794, Initial Determination, at 589-605 (Sept. 14, 2012).
136. Samsung’s investments in plant, equipment, and labor in the United States are
believed to be related to the DI Products specifically, which themselves comprise a significant
percentage of Samsung’s domestic mobile device business.
137. Confidential Exhibit 79C sets forth data obtained from International Data
Corporation (“IDC”). Samsung’s sales of its 4G and 5G smartphones are shown by quarter from
Q1 2019 to Q3 2021, in terms of (1) units sold in the US and (2) revenues from domestic units
sold. This data is compared as a percentage to (3) domestic units sold of all Samsung smartphones,
and (4) total revenue for domestic units sold of all Samsung smartphones.
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138. On information and belief, Complainant expects Samsung’s relative domestic
investments in plant, equipment, and labor to generally track the percentages reflected in
Confidential Exhibit 79C. These percentages, moreover, demonstrate that Samsung’s 4G and 5G
devices are both relatively significant numerically (in terms of units sold and revenues) and also
qualitatively where they are central to its brand.
139. On information and belief, and based on Confidential Exhibit 79C, significant
portions of SEA’s $100 million investment in the Plano facility, significant portions of SEA’s
investments in the Ridgefield Park facility, and significant portions of SRA’s investments in its
numerous domestic facilities are attributable to plant and equipment directed to Samsung’s
“consistent investment in design, research, development, testing, customer service, packaging, and
distribution” of the Samsung domestic industry products. Accordingly, on information and belief,
Samsung’s investments in plant and equipment establish a domestic industry under 19 U.S.C. §
1337(a)(3)(A).
140. On information and belief, and based on Confidential Exhibit 79C, a significant
portion of the approximately 1,000 SEA employees at the Plano, Texas facility, a significant
portion of the 1,300 SEA employees at the Ridgefield Park facility, and a significant portion of the
approximately 900 SRA employees at various domestic facilities, and their associated salaries, are
directed to Samsung’s “consistent investment in design, research, development, testing, customer
service, packaging, and distribution” of the Samsung domestic industry products. Accordingly, on
information and belief, Samsung’s investments in labor establish a domestic industry under 19
U.S.C. § 1337(a)(3)(B).
141. On information and belief, and based on Confidential Exhibit 79C, a substantial
portion of these same SEA investments in plant and equipment and labor at the Plano and
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Ridgefield Park facilities as well as the same SRA investments in plant, equipment, and labor at
various domestic facilities, are directed to “consistent investment in design, research, development,
testing, customer service, packaging, and distribution” of Samsung’s domestic industry products
and, on information and belief, establish a domestic industry in engineering and research and
development under 19 U.S.C. § 1337(a)(3)(C).
C. Ericsson’s Domestic Licensing
1. Licensing Activities
142. Pursuant to Sections 337(a)(2) and (a)(3)(C), a domestic industry exists by virtue
of Ericsson’s substantial investments in the exploitation of the Asserted Patents through licensing.
143. As set forth in Confidential Exhibit 89C, Declaration of Roy Maharaj, Ericsson Inc.
has made and continues to make a substantial domestic investment in licensing the Asserted
Patents. Ericsson’s United States employees have negotiated royalty-bearing licensing agreements
to the Asserted Patents, each of which has generated significant royalties in the amount set forth
in Confidential Exhibit 89C, Declaration of Roy Maharaj. Ericsson currently employs in the United
States individuals on a full-time basis who devote all or substantially all of their time to licensing
Ericsson’s patents, including the Asserted Patents. See Ex. 89C, Declaration of Roy Maharaj.
144. Ericsson’s domestic licensing investments include, for example, their substantial
investments on overhead, such as employee salaries and benefits, office space, office
communication equipment, and office furnishings and supplies, as well as their substantial
investments for travel to meet with potential licensees.
145. Ericsson has made and continues to make a substantial investment in the
exploitation of the Asserted Patents through its licensing activities in the United States. Further
details of Ericsson’s substantial investment in the exploitation of the Asserted Patents through its
licensing activities are provided in Confidential Exhibit 89C, Declaration of Roy Maharaj.
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146. Ericsson makes substantial domestic investments in licensing its patent portfolio,
including the Asserted Patents, including patent portfolio analysis, monitoring the market,
financial and technical analysis, patent infringement analysis and documentation, and negotiations
with prospective licensees.
147. Ericsson has also made substantial domestic investments in licensing its patent
portfolio, including the Asserted Patents, through investments in patent enforcement litigation
involving unwilling licensees.
148. The success of Ericsson’s licensing business, as measured in the number of licenses
and resulting revenues and other benefits, has required substantial domestic investments and has
led to continued and even larger on-going investments to establish an even more extensive
domestic licensing business involving Ericsson’s intellectual property, including the Asserted
Patents. See Ex. 89C, Declaration of Roy Maharaj.
149. Accordingly, a domestic industry exists under 19 U.S.C. § 1337(a)(3)(C), by virtue
of Ericsson’s substantial investments in its licensing efforts related to the Asserted Patents.
150. Exhibits 46, 48, 51-52, and 54 are claim charts demonstrating that each of the
Asserted Patents are practiced by at least one of Ericsson’s licensees.
2. Litigation Activities Related to Unwilling Licensees
151. In instances where companies use Ericsson’s patented technology but, after
appropriate notice, negotiations, and opportunities, are unwilling to enter into a license agreement,
Ericsson invests in patent enforcement litigation. In those patent enforcement proceedings,
Ericsson asserts representative patents from the applicable portfolios.
152. Information regarding Ericsson’s litigation activities related to its licensing efforts
is set forth in Confidential Exhibit 89C. In connection with such litigation, Ericsson has expended
substantial sums for legal fees and costs as described in Confidential Exhibit 89C. These domestic
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litigation activities, which occurred in connection with the efforts of Ericsson to license its patents,
including the Asserted Patents, separately satisfy the requirements of 19 U.S.C. § 1337(a)(3)(C).
153. There is a nexus between Ericsson’s substantial investments and (i) the Asserted
Patents, (ii) the licensing of those Asserted Patents, and (iii) the United States.
154. Pursuant to 19 U.S.C. § 1337(a)(3)(C), a domestic industry exists by virtue of
Ericsson’s substantial investments in litigation activities related to its licensing efforts.
X. RELIEF REQUESTED
155. WHEREFORE, by reason of the foregoing, Ericsson respectfully requests that the
United States International Trade Commission:
(a) Institute an immediate investigation, pursuant to Section 337 of the Tariff Act
of 1930, as amended, 19 U.S.C. § 1337, with respect to violation of Section 337 by Respondent
Apple based upon its sale for importation, importation, and/or sale after importation into the United
States of certain Accused Products that infringe one or more of the Asserted Claims of Ericsson’s
Asserted Patents;
(b) Schedule and conduct a hearing on said unlawful acts and, following said
hearing;
(c) Issue a permanent limited exclusion order specifically directed to Apple and
its agents, subsidiaries, affiliates, importers of record, and suppliers, barring from entry into the
United States all Accused Products that infringe one or more of the Asserted Claims of Ericsson’s
Asserted Patents;
(d) Issue a permanent cease and desist order, pursuant to 19 U.S.C. § 1337(f),
directing Apple to cease and desist from selling for importation into the United States, importing,
selling after importation into the United States, offering for sale, marketing, advertising,
demonstrating, sampling, warehousing inventory for distribution, offering for sale, selling,
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distributing, licensing, testing, providing technical support, use, or other related commercial
activity involving imported Accused Products that infringe one or more of the Asserted Claims of
Ericsson’s Asserted Patents;
(e) Impose a bond upon Apple’s importation of the Accused Products that infringe
any claim of the Asserted Patents during the 60-day Presidential review period pursuant to 19
U.S.C. §§ 1337(e), (j) to prevent further injury to Ericsson’s domestic industry relating to the
Asserted Patents; and
(f) Grant such other and further relief as the Commission deems just and proper
based on the facts determined by the investigation and the authority of the Commission.
Date: January 17, 2022 Respectfully submitted,
___________________
Joshua W. Budwin
Douglas Cawley
Nicholas Mathews
Richard Kamprath
Eric Hansen
Eleanor Callaway
MCKOOL SMITH, P.C.
Dallas, TX 75201
Telephone: (214) 978-4000
Joshua W. Budwin (lead counsel)

Kevin Hess
Mitch Verboncoeur
Caroline E. Burks
MCKOOL SMITH, P.C.
Austin, TX 78701
Telephone: (512) 692-8700
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Stuart McCommas
MCKOOL SMITH, P.C.
1999 K Street, NW
Suite 600
Washington, DC 2006
Telephone: (202) 370-8300
Facsimile: (202) 370-8344
Paul C. Goulet
Gary Rinkerman
FISHER BROYLES, LLP
Telephone: (202) 642-6329
Thomas L. Jarvis
1901 L Street NW
Telephone: (202) 282-5000
Facsimile: (202) 282-5100

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22-01-17 Ericsson v. Apple ITC Complaint

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22-01-17 Ericsson v. Apple ITC Complaint

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THOMAS L.

January 17, 2022

The Honorable Lisa R. Barton

Dear Secretary Barton:

WINSTON & STRAWN LLP

Counsel for Complainants Ericsson Inc. and

CERTAIN MOBILE TELEPHONES,

PUBLIC INTEREST STATEMENT OF COMPLAINANTS ERICSSON, INC. AND

and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”) submit this Statement on the

reasonable, and non-discriminatory (“FRAND”) terms. Ericsson has contractually committed to

Telecommunications Standards Institute (“ETSI”). This commitment is entered into by means of

portfolio of patents on FRAND terms.

good faith to conclude a license agreement with Apple on FRAND terms.

I. How the Accused Products Are Used in the United States

of telecommunications, internet, entertainment, and social media services.

III. “Like” or “Directly Competitive” Articles That Complainants’ Licensees Supply

production to replace the Accused Products if they are excluded.

remedial orders in a commercially reasonable time. According to IDC, Smartphone companies

on competitive conditions in the United States economy or on U.S. consumers”).

V. The Requested Remedial Orders Would Have Minimal Impact on Consumers

Joshua W. Budwin (lead counsel)

Counsel for Complainants Ericsson Inc. and

VERIFIED COMPLAINT OF ERICSSON INC. AND TELEFONAKTIEBOLAGET LM

Complainants: Proposed Respondents:

Ericsson Inc. Apple, Inc.

Counsel for Complainants:

I. INTRODUCTION AND NEGOTIATION HISTORY ...................................................... 1

II. THE PARTIES.................................................................................................................... 5

B. Proposed Respondents ............................................................................................ 6

III. THE ACCUSED PRODUCTS ........................................................................................... 7

IV. STATEMENT OF RELATED CASES .............................................................................. 7

A. Litigation Related to the Asserted Patents .............................................................. 7

B. Other Litigations Between the Parties .................................................................... 8

V. THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS .................. 12

A. The ’805 Patent ..................................................................................................... 12

(1) Identification of the Patent and Ownership .............................................. 12

(2) Non-Technical Description of the Patented Inventions ............................ 13

(3) Patent Declaration ..................................................................................... 13

B. The ’355 Patent ..................................................................................................... 14

(1) Identification of the Patent and Ownership .............................................. 14

(2) Non-Technical Description of the Patented Inventions ............................ 14

(3) Patent Declaration ..................................................................................... 15

C. The ’872 Patent ..................................................................................................... 15

(1) Identification of the Patent and Ownership .............................................. 15

(2) Non-Technical Description of the Patented Inventions ............................ 16

(3) Patent Declaration ..................................................................................... 17

D. The ’817 Patent ..................................................................................................... 17

(1) Identification of the Patent and Ownership .............................................. 17

(2) Non-Technical Description of the Patented Inventions ............................ 18

F. FOREIGN COUNTERPARTS ............................................................................. 19

VI. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS—PATENT

A. Infringement of the ’805 Patent ............................................................................ 20

B. Infringement of the ’355 Patent ............................................................................ 22

C. Infringement of the ’872 Patent ............................................................................ 23

D. Infringement of the ’817 Patent ............................................................................ 24

VII. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE ........................... 25

VIII. HARMONIZED TARIFF SCHEDULE ITEM NUMBERS ............................................ 27

IX. THE DOMESTIC INDUSTRY ........................................................................................ 27

A. Ericsson’s Domestic Activities ............................................................................. 28

1. Ericsson’s Smart Factory in Lewisville, Texas......................................... 31

2. Ericsson’s Base Station Products .............................................................. 34

3. Ericsson’s Cloud Core Products ............................................................... 36

B. Samsung’s Domestic Industry .............................................................................. 39

C. Ericsson’s Domestic Licensing ............................................................................. 43