Case 6:21-cv-00074-ADA Document 1 Filed 01/26/21 Page 1 of 31

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION

TRAXCELL TECHNOLOGIES, LLC,

Plaintiff,

v. CASE NO. 6:21-cv-00074

APPLE, INC.,
Defendant.
JURY DEMAND

PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

Traxcell Technologies, LLC. (“Traxcell”) files this Original Complaint, and demand for

jury trial seeking relief from patent infringement by Apple, Inc. (“Defendant” or “Apple”), alleging

infringement of the claims of U.S. Pat. No. 9,918,196 and U.S. Pat. No. 9,549,388 (collectively

referred to as “Patents-in-Suit”), as follows:

I. THE PARTIES

1. Plaintiff Traxcell is a Texas Limited Liability Company, with its principal place of

business located at 103 Country Club Drive. #508, Marshall, Texas 75672.

2. Apple is a California corporation having regular and established places of business at

12535 Riata Vista Circle and 5501 West Parmer Lane, Austin, Texas. Apple designs,

manufactures, uses, imports into the United States, sells, and/or offers for sale in the United States

smartphones, tablets, iPods, desktop computers, and notebook computers that use Apple Maps.

Apple markets, sells, and offers to sell its products and/or services, including those accused herein

of infringement, to actual and potential customers and end-users located in Texas and in the judicial

Western District of Texas such as at the Barton Creek Mall (2901 S. Capital of Texas Hwy) and

in the Domain (3121 Palm Way, Austin, TX 78758) in Austin, Texas. Apple may be served with

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process through its registered agent for service in Texas: CT Corporation System, 1999 Bryan

Street, Suite 900, Dallas, Texas 75201.

II. JURISDICTION AND VENUE

3. This is an action for patent infringement arising under the patent laws of the U.S., 35 U.S.C.

§§ 1 et. seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331,

1332(a) and 1338(a).

4. This Court has personal jurisdiction over Defendants because: Defendants are present

within or has minimum contacts within the State of Texas and this judicial district;

Defendants have purposefully availed itself of the privileges of conducting business in the

State of Texas and in this judicial district; Defendants regularly conducts business within

the State of Texas and within this judicial district; and Plaintiff’s cause of action arises

directly from Defendants’ business contacts and other activities in the State of Texas and

in this judicial district. The amount in controversy is more than $75,000.00.

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

committed acts of infringement in this judicial district and maintains regular and

established places of business in this district, as set forth above. Apple has continuous and

systematic business contacts with the State of Texas. Apple, directly or through subsidiaries

or intermediaries (including distributors, retailers, contract manufacturers, and others),

conducts its business extensively throughout Texas, by shipping, manufacturing,

distributing, offering for sale, selling, and advertising (including the provision of

interactive web pages) its products and services in the State of Texas and the Western

District of Texas, including Apple Maps. Apple, directly or through subsidiaries or

intermediaries (including distributors, retailers, contract manufacturers, and others), has

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purposefully and voluntarily placed its infringing products and services into this District

and into the stream of commerce with the intention and expectation that they will be

purchased and used by consumers in this District, including Apple Maps. Apple has offered

and sold and continues to offer and sell these infringing products and services in this

District, including at physical Apple stores located within this District. Apple also has

derived substantial revenues from infringing acts, including but not limited to advertising,

business APIs, private usage, OEM usage, and an attribution of a portion of each device

sale or lease to Apple Maps.

6. Apple has committed acts of infringement in this judicial district and has a regular and

established place of business in this judicial district. Austin, where Apple employs over

5,000 employees and has several corporate campuses, is Apple’s largest corporate hub

outside of its headquarters in Cupertino, California.

III. INFRINGEMENT (‘196 Patent (attached as Exhibit A))

7. On March 13, 2018, U.S. Patent No. 9,918,196 (“the ’196 patent”), attached as Exhibit A,

entitled “Internet queried directional navigation system with mobile and fixed originating

location determination” was duly and legally issued by the U.S. Patent and Trademark

Office. Traxcell owns the ’196 patent by assignment.

8. The ’196 Patent’s Abstract states, “A mobile wireless network and a method of operation

provide directional assistance in response to an Internet query. The directional assistance

is provided from a location of the querying device to a destination that may be selectively

prompted based on whether the destination is a nearby business, a type of business, a street

address, or another mobile device or fixed telephone location. The location of the querying

device is also selectively determined depending on whether the querying device is a

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wireless device such as a mobile telephone, or whether the device has a presumed fixed

location, such as an ordinary telephone connected to a public-switched telephone network

(PSTN).

9. The following preliminary exemplary chart provides notice of Traxcell’s allegations of

infringement.

Exemplary Claim Corresponding Structure in Accused Systems

A method of Apple Devices that supports the Apple Maps online navigation service together with
providing navigation the Apple Maps server-side or cloud infrastructure needed to provide the service,
assistance to a user constitute the “Accused System”.
of a communications
device, the method
comprising: The term “Apple Maps” encompasses and includes all the versions and variants of the
Apple Maps web (for PCs, laptops and other computers functioning with macOS or
Mac OS X operating systems) and the Apple Maps app [Apple Maps app for iOS
devices (iPhone, iPad, iPod Touch etc.,) and watchOS devices] and the applications
supported by the Apple Maps Platform.

The “method of providing navigation assistance to a user of a communications device”

refers to the method by which Apple Maps provides online navigation assistance
(directions) to a user of a communications device or UE (example: mobile phone,
smartphone, laptop, tablet, iPhone, iPad, iPod Touch etc.) including the Apple Maps
app or including a browser plugin enabling access to the Apple Maps website or
having other means to access the Apple Maps website, for querying and receiving
navigation instructions for travelling from a starting location (current location of the
communications device or a location specified by its user as the ‘origin’) to a
destination location (a location specified by the said user as the ‘destination’).

The “communications device” refers to a UE (example: iPhone, iPad, iPod Touch, mac
book etc.) including the Apple Maps app or including a browser plugin enabling access
to the Apple Maps website or having other means to access the Apple Maps website
for querying and receiving navigation instructions for travelling from a starting

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Exemplary Claim Corresponding Structure in Accused Systems

location (current location of the communications device or a location specified by its

user as the ‘origin’) to a destination location (a location specified by the said user as
the ‘destination’).

receiving, by a Navigation using Apple Maps online navigation service is a well-known example of
directional assistance off-board navigation. To elaborate, an off-board navigation system is a client/server
service, an Internet system wherein only the user interface (UI) resides on the client’s (user’s)
communications device and all the databases (GIS and/or mapping) and infrastructure
query initiated at the
required for computation (of route, distance, travel time, traffic etc.) reside remotely on
communications a server or a network of servers (the server-side) located on the world wide web
device and directed (www). The server-side could also comprise virtual (instead of physical) or cloud
via the Internet to server infrastructure. The client side (user interface or UI at a user’s communications
initiate a request for device) can only communicate with the server-side via the Internet.
navigational
assistance to a This claim element refers to the method and process involved in initiating a navigation
query, using Apple Maps online navigation service, to obtain directions (navigation
destination;
assistance) for travelling from a starting location to a destination location. The process
involved in initiating the said navigation query includes inputting a destination location
at the Apple Maps’ user interface (UI) at the user’s communications device, and
sending the said query via Internet to the remote Apple Maps server (cloud server).
The said remote Apple Maps server (cloud server) receives the said query via Internet.

The term “directional assistance service” herein refers to Apple Maps online
navigation service supported and facilitated by a wireless telecommunications network.

The “communications device” refers to a UE (example: iPhone, iPad, iPod Touch,

MacBook etc.) including the Apple Maps app or including a browser plugin enabling
access to the Apple Maps website or having other means to access the Apple Maps
website, for querying and receiving navigation instructions for travelling from a
starting location (current location of the communications device or a location specified
by its user as the ‘origin’) to a destination location (a location specified by the said user
as the ‘destination’).

The said “communications device” (the user of the said “communications device”)
being a subscriber of wireless telecommunications network services.

When subscribers utilizes Apple Maps online on their communications devices (UEs)
using wireless telecommunication network , queries (directed to the Apple Maps
server) and responses (informational, navigational or directional assistance from the
Apple Maps server) are communicated between the client-side (Apple Maps
application installed on a user’s wireless mobile communications device) and the
server-side (Apple Maps server).

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Exemplary Claim Corresponding Structure in Accused Systems

The method of using the Apple Maps for navigation includes initiating a query at a
user’s communications device (UE) to initiate a request for navigational assistance for
travelling from a starting point (which could be the current location of the user’s
communications device) to a destination, by specifying (inputting) the destination and
the starting point (if different from the current location of the user’s communications
device).

The said query is directed via the Internet to the remote Apple Maps server (cloud
server). In other words, the Apple Maps server (cloud server) receives the said query
through the Internet.

Apple Maps online navigation is an example of off-board navigation. In other words,

Apple Maps online navigation system is a client/server system wherein only the user
interface (UI) resides on the client’s (user’s) communications device and all the
databases (GIS and/or mapping) and infrastructure required for computation (of route,
distance, travel time, traffic etc.) reside remotely on the Apple Maps server (which
could be a network of servers) [the server-side] located on the world wide web (www).
The server-side could also comprise virtual (instead of physical) or cloud server
infrastructure. The client side (user interface or UI at a user’s communications device)
can only communicate with the server-side via the Internet. In other words, destination
is input and a query is initiation at the Apple Maps user interface (UI) at the client
device and the query (including the input destination) is communicated from the client-
side (client or user’s communications device) to the remote server-side (Apple Maps
server) via the Internet. The Apple Maps server, upon receiving the query (including
the input destination) communicated from the client-side (client or user’s
communications device) via the Internet, identifies the required vector maps, computes
or calculates the route(s), and downloads the required vector maps and the computed or
calculated route(s) to the client-side (client or user’s communications device) via the
Internet.
responsive to Apple Maps is programmed to identify the “phone number” and the “device
receiving the Internet identifiers” of the communications device (UEat which the said navigation query is
query, determining initiated. In other words, Apple Maps determines whether or not the said
communications device (UE) is a mobile wireless communications device (UE)
whether or not the
communications “a mobile wireless communications device” refers to a mobile wireless
device is a mobile communications device or UE (example: mobile phone, smartphone, laptop, tablet,
wireless iPhone, iPad, iPod Touch etc.), which includes the Apple Maps app or includes a
communications browser plugin enabling access to the Apple Maps website or has other means to
device; access the Apple Maps website for querying and receiving navigation instructions for
travelling from a starting point (current location of the communication’s device or a
location specified by its user as the ‘origin’) to a destination location (a location
specified by the said user as the ‘destination’). Any wireless mobile communications

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Exemplary Claim Corresponding Structure in Accused Systems

device, which uses Mobile Hotspot for connecting to the Internet and includes the
Apple Maps app or a browser plugin enabling access to the Apple Maps website or has
other means to access the Apple Maps website, also corresponds to this claim element.

In Apple’s Privacy Policy document, it is clearly indicated that Apple (which includes
Apple Maps) collects information such as phone number and device identifiers
pertaining to the communications device (UE) at which a navigation query is
initiated and communicated to the Apple Maps server. In other words, Apple Maps
has means to determine whether a querying communications device (UE) is a mobile
wireless communications device (UE) or not.

The following is mentioned therein –

“What personal information we collect

When you create an Apple ID, apply for commercial credit, purchase a product,
download a software update, register for a class at an Apple Retail Store, connect to
our services, contact us including by social media or participate in an online survey, we
may collect a variety of information, including your name, mailing address, phone
number, email address, contact preferences, device identifiers, IP address, location
information, credit card information and profile information where the contact is via
social media.”

In the aforementioned, it is also mentioned that when a user connects to Apple’s

services (like Apple Maps online navigation), Apple also collects the IP address from
which the said user connects to Apple’s services (like Apple Maps online navigation).
In other words, when a user connects to the Apple Maps server using the client-side UI
on his/her communications device (UE) via Internet, the Apple Maps server collects
the IP address from which the said user connects to the Apple Maps server.

Based on the above information, it is confirmed that whenever a communications

device uses Apple Maps, information such as mobile network information including
the name of the carrier providing data services to the said communications device are
collected by Apple (Apple Maps). In other words, Apple Maps can also ascertain
whether the communications device (UE) at which the said navigation query is
initiated, is connected to the Apple Maps server through a wireless telecommunications
network service (i.e. through RF signal-based communication) or through a Wi-Fi
network supported by a fixed (wired or wireless) broadband Internet service.

In summary, Apple Maps has means to determine whether a querying

communications device (UE) is a mobile wireless communications device (UE) or not,

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Exemplary Claim Corresponding Structure in Accused Systems

and also whether the said communications device (UE) is connected to the Apple Maps
server through a wireless telecommunications network service (i.e. through RF signal-
based communication) or through a Wi-Fi network supported by a fixed (wired or
wireless) broadband Internet service.
responsive to If the Apple Maps online navigation service determines that the said navigation query
determining that the has been initiated at a mobile wireless communications device (UE), and that the said
communications query was communicated through a wireless telecommunications network service (i.e.
through RF signal-based communication), Apple Maps determines current location of
device is the mobile
the mobile wireless communications device (UE) and uses it as the starting point for
wireless providing navigation information (instructions or directions) to travel to the destination
communications input by the user of the said communications device (UE).
device, the
directional assistance The “the mobile wireless communications device” or the “communications device”
service determining refers to the mobile wireless communications device or UE (example: mobile phone,
and using a present smartphone, laptop, tablet, iPhone, iPad, iPod Touch, mac-book etc.) The UE at which
the navigation query was initiated.
location of the
mobile wireless It has been demonstrated ithat a user can simply input a “destination” entry and initiate
communications a navigation query on the Apple Maps’ client-side user interface (UI) at the user’s
device as a location mobile wireless communications device (Apple Maps app on an iPhone). The Apple
of the Maps server, upon receiving the navigation query (including input “destination”) from
communications the client-side via Internet, determines the “current location” of the user’s mobile
device; wireless communications device, uses it as the default starting point, ascertains the
location of the input “destination”, computes or calculates the route(s) and directions,
and downloads the computed or calculated route(s) and directions to the user’s mobile
wireless communications device.

As has been mentioned with reference to the previous claim element, Apple Maps,
upon receiving a navigation query from a user’s communications device, determines
whether or not the said communications device is a mobile wireless communications
device.

It is clearly indicated that a user can simply input a “destination” entry and initiate a
navigation query on the Apple Maps’ client-side user interface (UI) at the user’s
mobile wireless communications device (Apple Maps app on iPhone, iPad or iPod
Touch). The Apple Maps server, upon receiving the navigation query (including input
“destination”) from the client-side via Internet, determines the “current location” of the
user’s mobile wireless communications device, uses it as the default starting point,
ascertains the location of the input “destination”, computes or calculates the route(s)
and directions, and downloads the computed or calculated route(s) and directions to the
user’s mobile wireless communications device. The following is mentioned therein –

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Exemplary Claim Corresponding Structure in Accused Systems

“Get directions

1. Open Maps and enter your destination in the Search bar.

2. Tap Directions.

3. Choose Drive, Walk, Transit, or Ride.

4. Select the route that you prefer. Maps shows the fastest route first based on traffic
conditions.

5. When you're ready, tap “GO”. To see an overview of your route, tap "Tap for
Overview" in the banner.

6. To end navigation, tap “End”, in the bottom right corner. Then tap End Route. You
can also ask Siri to "Stop Navigating" when you

have Hands-Free turned on.”

[Note: The “Starting point” is by default the current location of the user’s
communications device, unless otherwise specified]

responsive to As mentioned previously, Apple Maps is programmed to identify the “phone number”
determining that the and the “device identifiers” of the communications device (UE) at which the said
communications navigation query is initiated, and also to ascertain the IP address from where the
communications device (UE) at which the said navigation query is initiated connected
device is not the
to the Apple Maps server.
mobile wireless
communications In other words, Apple Maps has means to determine whether a querying
device, obtaining a communications device (UE) is a mobile wireless communications device (UE) or not,
fixed location and also whether the said communications device (UE) is connected to the Apple Maps
associated with the server through a wireless telecommunications network service (i.e. through RF signal-
communications based communication) or through a Wi-Fi network supported by a fixed (wired or
wireless) broadband Internet service.
device to determine
the location of the In Apple’s Privacy Policy document, it is clearly indicated that Apple (which includes
Apple Maps) collects information such as phone number and device identifiers

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Exemplary Claim Corresponding Structure in Accused Systems

communications pertaining to the communications device (UE) at which a navigation query is

device; and initiated and communicated to the Apple Maps server. In other words, Apple Maps
has means to determine whether a querying communications device (UE) is a mobile
wireless communications device (UE) or not.

The following is mentioned therein –

“What personal information we collect

When you create an Apple ID, apply for commercial credit, purchase a product,
download a software update, register for a class at an Apple Retail Store, connect to
our services, contact us including by social media or participate in an online survey, we
may collect a variety of information, including your name, mailing address, phone
number, email address, contact preferences, device identifiers, IP address, location
information, credit card information and profile information where the contact is via
social media.”

In the aforementioned, it is also mentioned that when a user connects to Apple’s

services (like Apple Maps online navigation), Apple also collects the IP address from
which the said user connects to Apple’s services (like Apple Maps online navigation).
In other words, when a user connects to the Apple Maps server using the client-side UI
on his/her communications device (UE) via Internet, the Apple Maps server collects
the IP address from which the said user connects to the Apple Maps server.

Based on the above information, it is confirmed that whenever a communications

device uses Apple Maps, information such as mobile network information including
the name of the carrier providing data services to the said communications device are
collected by Apple (Apple Maps). In other words, Apple Maps can also ascertain
whether the communications device (UE) at which the said navigation query is
initiated, is connected to the Apple Maps server through a wireless telecommunications
network service (i.e. through RF signal-based communication) or through a Wi-Fi
network supported by a fixed (wired or wireless) broadband Internet service.

In summary, Apple Maps has means to determine whether a querying

communications device (UE) is a mobile wireless communications device (UE) or not,
and also whether the said communications device (UE) is connected to the Apple Maps
server through a wireless telecommunications network service (i.e. through RF signal-
based communication) or through a Wi-Fi network supported by a fixed (wired or
wireless) broadband Internet service.

If Apple Maps determines that the communications device (UE) at which the said
navigation query is initiated is not a mobile wireless communications device, or in
other words, if the said communications device (UE) is determined to be a stationary

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Exemplary Claim Corresponding Structure in Accused Systems

or fixed communications device, for example – a Mobile phone, smartphone, iPhone,

iPad, iPod Touch, laptop or tablet connected or tethered to a Wi-Fi (internet) access
point, modem, router or Wi-Fi hotspot supported by a fixed (wired or wireless)
broadband Internet Service, Apple Maps determines the location of the said stationary
or fixed communications device by identifying the Internet Service Provider or Wi-Fi
hotspot serving the said communications device and obtaining the stationary location
of the said Wi-Fi (internet) access point, modem, router or hotspot from a Wi-Fi
database, Wi-Fi location database or Wi-Fi hotspot database.

the directional In response to receiving the navigation query (which includes the “destination” entry
assistance service input by the user at the Apple Maps client-side user interface or UI residing at the
providing navigation user’s communications device) initiated at the communications device (UE) and
directed via the Internet, Apple Maps server determines the current location of the
information to the
querying (the user’s) communications device, considers it the default starting point,
communications ascertains the location of the input “destination”, computes and provides the navigation
device in response to information (directions) to the said communications device (UE) to travel from the
the Internet query, current location of said communications device (UE) to the input destination.
wherein the
navigation provides a user can simply input a “destination” entry and initiate a navigation query on the
directions for Apple Maps’ client-side user interface (UI) at the user’s mobile wireless
proceeding from the communications device (Apple Maps app on iPhone, iPad or iPod Touch). The Apple
location of the Maps server, upon receiving the navigation query (including input “destination”) from
communications the client-side via Internet, determines the “current location” of the user’s mobile
device to a location wireless communications device, uses it as the default starting point, ascertains the
of the destination. location of the input “destination”, computes or calculates the route(s) and directions,
and downloads the computed or calculated route(s) and directions to the user’s mobile
wireless communications device. In this manner, Apple Maps provides the navigation
information (directions) to the said communications device (UE) to travel from the
current location of said communications device (UE) to the input destination.

The following is mentioned therein –

“Get directions

1. Open Maps and enter your destination in the Search bar.

2. Tap Directions.

3. Choose Drive, Walk, Transit, or Ride.

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Exemplary Claim Corresponding Structure in Accused Systems

4. Select the route that you prefer. Maps shows the fastest route first based on traffic
conditions.

5. When you're ready, tap “GO”. To see an overview of your route, tap "Tap for
Overview" in the banner.

6. To end navigation, tap “End”, in the bottom right corner. Then tap End Route. You
can also ask Siri to "Stop Navigating" when you

have Hands-Free turned on.”

[Note: The “Starting point” is by default the current location of the user’s
communications device, unless otherwise specified]

10. Defendant makes, uses, offers to sell, and/or sells within or imports into the U.S. wireless

networks, wireless-network components, and related services that use identified locations

of wireless devices to provide directional assistance such that Defendant infringes claims

1–30 of the ’196 patent, literally or under the doctrine of equivalents.

11. Defendant put the inventions claimed by the ’196 Patent into service (i.e., used them); but

for Defendant’s actions, the claimed-inventions embodiments involving Defendant’s

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

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

and Defendant obtaining monetary and commercial benefit from it.

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

or instructed others (e.g., its customers), and continues to do so, on how to use its products

and services (e.g., U.S. wireless networks, wireless-network components that use identified

locations of wireless devices to provide directional assistance) such to cause infringement

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claims 1–30 of the ’196 patent, literally or under the doctrine of equivalents. Moreover,

Defendant has known and should have known of the ’196 patent, by at least by the date of

the patent’s issuance, or from the issuance of the ‘284 patent, which followed the date that

the patent’s underlying application was cited to Defendants by the U.S. Patent and

Trademark Office during prosecution of one of Defendant’s patent applications, such that

Defendant knew and should have known that it was and would be inducing infringement.

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

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

continues to do so, on how to use its products and services e.g., U.S. wireless networks,

wireless-network components that use identified locations of wireless devices to provide

directional assistance) such as to cause infringement of one or more of claims 1–30 of the

’196 patent, literally or under the doctrine of equivalents. Moreover, Defendant has known

of the ’196 patent and the technology underlying it from at least the date of issuance of the

patent or from the issuance of the ‘284 patent, which followed the date that the patent’s

underlying application was cited to Defendant by the U.S. Patent and Trademark Office

during prosecution of one of Defendant’s patent applications, such that Defendant knew

and should have known that it was and would be contributorily infringing.

14. Defendants have caused and will continue to cause Traxcell damage by infringing the ’196

patent.

IV. INFRINGEMENT (’388 Patent (Attached as exhibit B))

15. On January 17, 2017, U.S. Patent No. 9,549,388 (“the ’388 patent”) entitled “Mobile

wireless device providing off-line and on-line geographic navigation information” (attached as

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Exhibit D) was duly and legally issued by the U.S. Patent and Trademark Office. Traxcell owns

the ’388 patent by assignment.

16. The ’388 Patent’s Abstract states, “A mobile device, wireless network and their method of

operation provide both on-line (connected) navigation operation, as well as off-line navigation

from a local database within the mobile device. Routing according to the navigation system can

be controlled by traffic congestion measurements made by the wireless network that allow the

navigation system to select the optimum route based on expected trip duration.”

17. The following preliminary exemplary chat provides Traxcell’s allegations of infringement.

Representative
Corresponding Structure in Accused Systems
Claim

Apple Devices that supports the Apple Maps online navigation service together with the
A wireless
communications Apple Maps server-side or cloud infrastructure needed to provide the service, constitute the
“Accused System”.
system including:

The term “Apple Maps” encompasses and includes all the versions and variants of the Apple
Maps web (for PCs, laptops and other computers functioning with macOS or Mac OS X
operating systems) and the Apple Maps app [Apple Maps app for iOS devices (iPhone, iPad,
MacBook, iPod Touch, iwatch etc.,) and watchOS devices] and the applications supported by
the Apple Maps Platform.

The “communications device” refers to a UE (example: iPhone, iPad, MacBook, iPod Touch,
iwatch etc.) including the Apple Maps app or including a browser plugin enabling access to
the Apple Maps website or having other means to access the Apple Maps website for
querying and receiving navigation instructions for travelling from a starting location (current
location of the communications device or a location specified by its user as the ‘origin’) to a
destination location (a location specified by the said user as the ‘destination’).

The said “communications device” (the user of the said “communications device”) being an
apple device using wireless telecommunications network services.

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Representative
Corresponding Structure in Accused Systems
Claim

Because infringement liability is not dependent on ownership, e.g., use of a system can
infringe (35 U.S.C. § 271), infringement is not dependent on ownership of all limitations of a
claim.

a first radio- Plaintiff contends a wireless communications device corresponds to this claim element as
frequency each is a device that provides communicative access to a wireless network by transceivers
transceiver within designed and used for radio-frequency communication and at least one antenna. When a
a wireless mobile wireless communication device transceivers and antennas are in communication, they are
communications coupled. Further, in addition to being so coupled, the transceiver of a wireless
device and an communications device is also configured for RF-communication wireless communication
associated first networks, such as AT&T, Verizon, T-Mobile, and other US networks (Cellular or WLAN)
antenna to which via Apple Maps.
the first radio- Each wireless communications device made, used, sold or imported by Apple includes a
frequency
transceiver is radio frequency transceiver. Wireless mobile communication device including to Apple’s
coupled, wherein branded devices
the first radio-
frequency such as example: iPhone, iPad, MacBook, iPod Touch, iwatch etc. include radio-frequency
transceiver is transceivers and an associated antenna. When wireless communication device transceivers
configured for and antennas are in communication, they are coupled. Further, in addition to being so
radio-frequency coupled, the transceiver of each such wireless communications device is also configured for
communication RF-communication with the wireless communication network.
with a wireless
communications
network; The following exemplifies this limitation’s existence in Accused Systems:

Link: https://www.ifixit.com/Guide/iPhone+6+Wi-Fi+Antenna+Replacement/90315

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Representative
Corresponding Structure in Accused Systems
Claim

Source: Antenna of IPhone Teardown by Ifixit (Time-5:50/7:21)

Link: https://www.ifixit.com/Guide/iPhone+6+Antenna+Flex+Cable+Replacement/90317

Link: https://www.microwavejournal.com/blogs/9-pat-hindle-mwj-editor/post/34907-iphone-
1212-pro-teardown-for-rf

Source: (Teardown of Apple 12 showing Antenna, 5G and LTE Transceiver component).

Link: https://www.ifixit.com/Teardown/iPhone+12+and+12+Pro+Teardown/137669

Link: https://support.apple.com/en-in/HT202639

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Representative
Corresponding Structure in Accused Systems
Claim

Link: https://devicesupport.swisscom.ch/apple/iphone-7-plus/connectivity/select-a-network/

Source: (Apple Maps application preloaded on Apple Devices)

Link:https://www.usatoday.com/story/tech/2019/06/04/ios-13-apple-maps-upgrade-
fall/1337077001/

a first processor Plaintiff contends each such wireless communications device corresponds to this claim
within the limitation because each such wireless communications device includes a processor.
wireless mobile Wireless mobile communication device- including to Apple’s branded devices such as has a
communications processor, for example, Quad-Core/ Octa-core processor. Each such wireless
device coupled to communications device’s motherboard processor is programmed to process location-service
the at least one information; i.e., to receive a location of the device from the wireless communications
first radio- network (which is communicated to the device from the first RF transceiver) and generate
an indication of the device’s location with respect to geographic features according to

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Representative
Corresponding Structure in Accused Systems
Claim

frequency mapping information stored within the device. For example, the motherboard processor may
transceiver use Apple Maps to view and find places around the globe. The processor and base station
transceivers communicate by RF communication and, thus, when doing so are
communicatively coupled.
The following exemplifies the existence of this limitation in Accused Systems:

Source: Apple iPhone 11 Pro Max Teardown

Link: https://www.techinsights.com/blog/apple-iphone-11-pro-max-teardown

Source: Apple iPhone 11 Pro Max Teardown

Link: https://www.techinsights.com/blog/apple-iphone-11-pro-max-teardown

Link: https://support.apple.com/en-in/HT207092

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Representative
Corresponding Structure in Accused Systems
Claim

Link: https://support.apple.com/en-us/HT207056

Link: https://support.apple.com/en-in/HT203033

Link: https://support.apple.com/en-us/HT207056

programmed to Plaintiff contends such wireless communications device’s motherboard processor is

receive a location programmed to process location-service information; i.e., to receive a location of the device
of the wireless from the wireless communications network and generate an indication of the device’s
mobile location.
communications
device from the For example, the application processor may use Apple Maps to obtain the device’s location
wireless and provide direction from that location to a destination. Wireless mobile communication
communications devices including to Apple’s branded devices such as Iphones, MacBook, IPad and IPod has a
network and processor for example, Quad-Core processor. When wireless communication device
generate an transceivers and processor are in communication, they are coupled. Further, the Location-
indication of a based Service (LBS) provider, such as Apple Map, on such wireless communications device
location of the utilizes the processor coupled to the transceiver to estimates/receive the location on mobile
wireless mobile wireless communications devices by utilizing wireless communication network or first
communications computer.
device with For example, the Application processor may use Apple Maps to view and find places around
respect to the globe. Apple map can also show your current location and provide direction (including
geographic with respect to geographic features such as nearby restaurants) from your location/source to
features any destination. In using Apple Maps App, the mobile wireless communication device’s
application processor generates signals for displaying on the device’s screen a blue marker
that shows the current location of the wireless mobile communication device. The Apple map

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Representative
Corresponding Structure in Accused Systems
Claim

estimates the location of the device from various sources: GPS (GPS uses satellites and
knows your location within a few meters), Bluetooth, Wi-Fi (the location of nearby Wi-Fi
networks helps Maps know where you are), and cell towers (cell tower can be accurate up to a
few thousand meters). When Apple Maps isn’t sure about your location, a light blue circle
around the blue dot is shown. You might be anywhere within the light blue circle. The size of
the circle shows how precisely your location can be determined—the smaller the circle, the
greater the precision. When Location Services is active, a black or white arrow icon appears
in the status bar.

Furthermore, Apple Maps App provides flexibility to download maps on internal memory of
communication device such as iPhone, iPad, MacBook, iPod Touch, iwatch etc. and navigate
offline. When internet is slow or mobile data is expensive, or communication device cannot
connect to internet, an area can be saved to IPhone or IPad from Apple maps app and use it
when offline. Communication device can use Offline maps for Navigation through the
downloaded area without internet.

The following exemplifies the existence of this limitation in Accused Systems:

Link: https://support.apple.com/en-in/HT203033

Link: https://ios.gadgethacks.com/how-to/download-maps-navigation-routes-for-offline-use-
apple-maps-0184439/

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Representative
Corresponding Structure in Accused Systems
Claim

Source: Find nearby attractions and services in Maps on iPhone

Link: https://support.pple.com/en-in/guide/iphone/iphbaf51b2c0/ios

according to Plaintiff contends the mobile-wireless-communications device’s application processor is

mapping programmed to process location based service information; i.e., to receive a location of the
information stored device from the wireless communications network and generate an indication of the device’s
within the location.
wireless mobile
communications For example, the application processor may use Apple Maps to obtain the device’s location
device, and and provide direction from that location to a destination. Wireless mobile communication
device- including to Apple’s branded devices such as IPhone, MacBook, IPad and IPod has a
processor for example, Quad-Core processor. When wireless communication device
transceivers and processor are in communication, they are coupled. Further, the Location-
based Service (LBS) provider, such as Apple Map, on such wireless communications device
utilizes the processor coupled to the transceiver to estimates/receive the location on mobile
wireless communications devices (specifically one or more of the mobile wireless
communications devices) by utilizing wireless communication network or first computer.

For example, the Application processor may use Apple Maps to view and find places around
the globe. Apple map can also show your current location and provide direction (including
with respect to geographic features such as nearby restaurants) from your location/source to
any destination. In using Apple Maps App, the mobile wireless communication device’s
application processor generates signals for displaying on the device’s screen a blue marker
that shows the current location of the wireless mobile communication device. The Apple map
estimates the location of the device from various sources: GPS (GPS uses satellites and
knows your location within a few meters), Bluetooth, Wi-Fi (the location of nearby Wi-Fi

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Representative
Corresponding Structure in Accused Systems
Claim

networks helps Maps know where you are), and cell towers (cell tower can be accurate up to a
few thousand meters). When Apple Maps isn’t sure about your location, a light blue circle
around the blue dot is shown. You might be anywhere within the light blue circle. The size of
the circle shows how precisely your location can be determined—the smaller the circle, the
greater the precision. When Location Services is active, a black or white arrow icon appears
in the status bar.

Furthermore, Apple Maps App provides flexibility to download maps on internal memory of
communication device such as iPhone, iPad, MacBook, iPod Touch, iwatch etc. and navigate
offline. When internet is slow or mobile data is expensive, or communication device cannot
connect to internet, an area can be saved to communication devices such as iPhone, iPad,
MacBook, iPod Touch, iwatch etc. from Apple maps app and use it when offline.
Communication device can use Offline maps for Navigation through the downloaded area
without internet.

The following exemplifies the existence of this limitation in Accused Systems:

Link: https://support.apple.com/en-in/HT203033

Link: https://ios.gadgethacks.com/how-to/download-maps-navigation-routes-for-offline-use-
apple-maps-0184439/

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Representative
Corresponding Structure in Accused Systems
Claim

Source: Find nearby attractions and services in Maps on iPhone

Link: https://support.apple.com/en-in/guide/iphone/iphbaf51b2c0/ios

Plaintiff contends the application processor of each such wireless communications device
wherein the
processor displays (i.e., mobile wireless communications device) meets this limitation. The processor processes
location-service information, including displaying user navigation information according to
to the user
navigation the device’s location with regards to geographic features and a user-specified destination. For
example, using Apple map app for more examples of location services processed by each
information
according to the such wireless communications device’s application processor) the device user locates the
device’s current location on the Apple map app and then provide details for a destination on
location of the
wireless mobile the options, provided in the Apple map app. The user can then navigate (i.e., the processor
processes display information) in real time from current location to destination. The processor
communications
device with displays navigation in the Apple Maps app to display turn-by-turn directions. Using the Apple
respect to the map app, the processor will show the directions and use real-time traffic information to find
geographic the best route to the specified destination.
features and a The following exemplifies this limitation’s existence in Accused Systems:
destination
specified by the
user at the
wireless mobile
communications
device;

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Representative
Corresponding Structure in Accused Systems
Claim

Link: https://support.apple.com/en-in/guide/iphone/ipha84a94043/ios

Link: https://support.apple.com/en-in/guide/iphone/iph10d7bdf26/ios

Link: https://support.apple.com/en-in/guide/iphone/ipha84a94043/ios

at least one second Plaintiff contends each Accused System includes at least one item, each of which is a base
radio-frequency station and each of which is coupled to at least one antenna. Base station includes radio-
transceiver and an frequency transceivers designed and used for radio-frequency communication with at least
associated at least one antenna. When base-station transceivers and antennas are in communication, they are
one second coupled. Further, in addition to being so coupled, the transceivers and antenna are also, by
antenna of the placement within a base station, physically coupled.
wireless The cell of the wireless communications network include base stations for transmission and
communications reception of wireless signals to and from the mobile wireless communication devices or UEs
network to which or user devices (mobile phones, laptops, tablets, PDAs etc.). These base stations are,
the second radio- therefore, RF transceivers. Also, these base stations are coupled with at least one antenna for
frequency the function of transmission and reception.
transceiver is
coupled; and The following exemplifies this limitation’s existence in Accused Systems:

Link: https://support.apple.com/en-in/HT203033

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Representative
Corresponding Structure in Accused Systems
Claim

a second processor Plaintiff contends that Apple Maps running on Apple`s branded device has one or more
coupled to the at processors that determine(s) the location of wireless mobile communications devices. These
least one second processors communicatively coupled to the second RF transceiver(s) and are programmed to
radio-frequency determine a wireless mobile communication device’s location.
transceiver Wireless mobile communications devices can, through the second RF transceiver(s),
programmed to communicatively connect to and use Apple Maps. Apple Maps’ communication or wireless
determine the processors can determine the device’s current location and direction from that location/source
location of the to any destination. The processors are programmed to estimate the location of the device from
wireless mobile various sources: GPS (GPS uses satellites and knows your location within a few meters),
communications Bluetooth, Wi-Fi (the location of nearby Wi-Fi networks helps Maps know where you are),
device, and Cellular (cell towers can be accurate up to a few thousand meters).
The following exemplifies this limitation’s existence in Accused Systems:

Source: Apple iPhone 11 Pro Max Teardown

Link: https://www.techinsights.com/blog/apple-iphone-11-pro-max-teardown

Link: https://support.apple.com/en-in/HT203033

wherein the second Plaintiff contends each such wireless communications device can set preference flags that
processor enable or disable accessibility to data relevant to the device’s location by Location-Based
selectively Services (LBS) providers. Such programmability by a wireless device is at times known as a
privacy setting. Further, such programmability is available by location-permission granting
determines the
(wireless mobile communications device must grant permission).
location of the
wireless mobile The LBS providers’ processors select to determine a wireless mobile communications
communications device’s locations if the preference flags applicable to that device have been set for
device dependent enablement. The processors select to not determine a wireless mobile communications

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Representative
Corresponding Structure in Accused Systems
Claim

on the setting of device’s locations if the preference flags applicable to that device have not been set for
preference flags, enablement.
The following exemplifies this limitation’s existence in Accused Systems:

Link: https://support.apple.com/en-in/HT207092

wherein the second Plaintiff contends each such wireless communications device can set preference flags that
processor enable or disable accessibility to data relevant to the device’s location by Location-Based
determines the Services (LBS) providers. The LBS providers’ processors select to determine a wireless
mobile communications device’s locations if the preference flags applicable to that device
location of the
have been set for enablement. The processors select to not determine a wireless mobile
wireless mobile communications device’s locations if the preference flags applicable to that device have not
communications been set for enablement.
device if the
The Navigation hardware/software will only be able to determine and track the location of the
preference flags
Wireless communication device such as Apple’s branded devices such as iPhone, iPad,
are set to a state
MacBook, iPod Touch, iwatch etc. , Plaintiff contends each such wireless communications
that permits
device can set preference flags that enable or disable accessibility to data relevant to the
tracking of the
device’s location by Location-Based Services (LBS) providers. Such programmability by a
user of the
wireless device is at times known as a privacy setting. Further, such programmability is
wireless mobile
available by location-permission granting (wireless mobile communications device must
communications
grant permission).
device and
communicates the Plaintiff contends that if the preference flags are enabled (i.e., the wireless-mobile-
location of the communication device’s user has granted permission), LBS-providers’ processor(s) proceed
wireless mobile with determining the device’s location and, when determined, communicates that location to
communications the first processor through the second RF transceiver (which, as discussed above, is a
transceiver to which the LBS-providers’ processors communicatively couple). The LBS-
device to the first
providers’ processors are programmed to estimate the location of the device from 3 sources:
processor via the GPS (GPS uses satellites and knows your location within a few meters), Wi-Fi (the location
second radio- of nearby Wi-Fi networks helps Maps know where you are), and cell towers (cell tower can
frequency be accurate up to a few thousand meters).
transmitter, and
The following exemplifies this limitation’s existence in Accused Systems:

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Representative
Corresponding Structure in Accused Systems
Claim

Source: Apple iPhone 11 Pro Max Teardown

Link: https://www.techinsights.com/blog/apple-iphone-11-pro-max-teardown

Attachment 7 (Apple iPhone 11 Pro Max Teardown).

Link: https://support.apple.com/en-in/HT203033

Link: https://support.apple.com/en-in/HT207092

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Representative
Corresponding Structure in Accused Systems
Claim

wherein the second Plaintiff contends that if the preference flags are not enabled (i.e., the wireless-mobile-
processor does communication device’s user has not
not determine granted permission), LBS provider application hardware/software, will not be able to
and determine and track the location of the Wireless communication device such as iPhone, iPad,
communicate the MacBook, iPod Touch, iwatch etc., if the location flag on the Wireless communication device
location of the is turned off (that is, locations privacy settings are set to “Never”).
wireless mobile The following exemplifies this limitation’s existence in Accused Systems:
communications
device if the
preference flags
are set to a state
that prohibits
tracking of the
wireless mobile
communications
device.

Link: https://support.apple.com/en-in/HT207092

18. Defendant makes, uses, offers to sell, and/or sells within or imports into the U.S. wireless

networks, wireless-network components, and related services that use identified locations

of wireless devices to provide tracking such that Defendant infringes claims 1–30 of the

’388 patent, literally or under the doctrine of equivalents.

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 Case 6:21-cv-00074-ADA Document 1 Filed 01/26/21 Page 29 of 31

19. Defendant put the inventions claimed by the ’388 Patent into service (i.e., used them); but

for Defendant’s actions, the claimed-inventions embodiments involving Defendant’s

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

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

and Defendant obtaining monetary and commercial benefit from it.

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

or instructed others (e.g., its customers), and continues to do so, on how to use its products

and services (e.g., U.S. wireless networks, wireless-network components that use identified

locations of wireless devices to provide tracking of mobile devices) such to cause

infringement claims 1–30 of the ’388 patent, literally or under the doctrine of equivalents.

Moreover, Defendant has known and should have known of the ’388 patent, by at least by

the date of the patent’s issuance, or from the issuance of the ‘284 patent, which followed

the date that the patent’s underlying application was cited to Defendant by the U.S. Patent

and Trademark Office during prosecution of one of Defendant’s patent applications, such

that Defendant knew and should have known that it was and would be inducing

infringement.

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

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

continues to do so, on how to use its products and services e.g., U.S. wireless networks,

wireless-network components that use identified locations of wireless devices to provide

tracking of mobile devices) such as to cause infringement of one or more of claims 1–30

of the ’388 patent, literally or under the doctrine of equivalents. Moreover, Defendant has

known of the ’388 patent and the technology underlying it from at least the date of issuance

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of the patent or from the issuance of the ‘284 patent, which followed the date that the

patent’s underlying application was cited to Defendant by the U.S. Patent and Trademark

Office during prosecution of one of Defendant’s patent applications, such that Defendant

knew and should have known that it was and would be contributorily infringing.

22. Defendant has caused and will continue to cause Traxcell damage by infringing the ’388

patent.

V. PRAYER FOR RELIEF

WHEREFORE, Traxcell respectfully requests that this Court:

i. enter judgment that Defendant has infringed the Patents-in-Suit;

ii. award Traxcell damages in an amount sufficient to compensate it for Defendant’s

infringement of the Patents-in-Suit, in an amount no less than a reasonable royalty, together

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

iii. award Traxcell an accounting for acts of infringement not presented at trial and an award

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

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

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

v. declare Defendant’s infringement to be willful and treble the damages, including attorneys’

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

pursuant to 35 U.S.C. §284;

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

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

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

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

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 Case 6:21-cv-00074-ADA Document 1 Filed 01/26/21 Page 31 of 31

amount consistent with the fact that for future infringement the Defendant will be

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

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

vii. award Traxcell such other and further relief as this Court deems just and proper.

JURY DEMAND

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

Respectfully submitted,

Ramey & Schwaller, LLP

By: /s/ William P. Ramey, III

William P. Ramey, III
Texas Bar No. 24027643
5020 Montrose Blvd., Suite 800
Houston, Texas 77006
(713) 426-3923 (telephone)
(832) 900-4941 (fax)
wramey@rameyfirm.com

Attorneys for Traxcell Technologies, LLC

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