Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 1 of 13 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

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1 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 1 of 13 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GOLDEN BRIDGE TECHNOLOGY, INC. vs. Plaintiff, SAMSUNG ELECTRONICS CO., LTD, SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, Defendants. CA No. JURY TRIAL DEMANDED COMPLAINT FOR PATENT INFRINGEMENT For its Complaint against Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively Defendant or Samsung, Plaintiff Golden Bridge Technology, Inc. ( Plaintiff or GBT alleges as follows: THE PARTIES 1. Plaintiff GBT is a corporation duly organized and existing under the laws of the State of New Jersey, with its principal place of business at 198 Brighton Avenue, Long Branch, New Jersey GBT is the owner, by assignment, of all right, title and interest to U.S. Patent No. 6,574,267 B1 (later reexamined and issued as U.S. Patent No. 6,574,267 Cl ( the Re 267 Patent and together with U.S. Patent No. 6,574,267 B1, the 267 Patent and U.S. Patent No. 7,359,427 B2 ( the 427 Patent (collectively, the 267 Patent and the 427 Patent are referred to as the Patents-in-Suit. 2. Defendant Samsung Electronics Co., Ltd. is a foreign company organized and existing under the laws of South Korea, with its principal place of business at 250, 2-ga, Taepyong-ro, Jung-gu Seoul , Korea.

2 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 2 of 13 PageID #: 2 3. Defendant Samsung Electronics America, Inc. is a domestic corporation organized and existing under the laws of the State of New York, with its principal place of business located at 105 Challenger Road, Ridgefield Park, NJ Defendant Samsung Telecommunications America, LLC is a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of business at 1301 East Lookout Drive, Richardson, Texas NATURE OF THE ACTION 5. In this civil action, Plaintiff seeks damages against Samsung for acts of patent infringement in violation of the Patent Act of the United States, 35 U.S.C. 1 et seq. JURISDICTION AND VENUE 6. This Court has subject matter jurisdiction of such federal question claims pursuant to 28 U.S.C and 1338(a. 7. Venue is proper under 28 U.S.C. 1391(c and 1400(b, in that the acts and transactions complained of herein were conceived, carried out, made effective, or had effect within the State of Delaware and within this district, among other places. On information and belief, Samsung conducts business activities in this judicial district including regularly doing or soliciting business, engaging in conduct and/or deriving substantial revenue from goods and services provided to consumers in the State of Delaware and in this district. 8. On information and belief, this Court has personal jurisdiction over Samsung. Samsung conducts continuous and systematic business in Delaware and in this district by offering to sell and/or selling mobile devices in this State in this district. 2

3 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 3 of 13 PageID #: 3 GENERAL OVERVIEW OF CELLULAR TELECOMMUNICATIONS SYSTEMS AND THE RELATION TO THE PATENTS-IN-SUIT 9. At the highest level of operation, a cellular telecommunications system comprises, at least, a mobile station and a base station. 10. Mobile stations, also known as mobile devices, include cell phones, handsets, smart phones, electronic readers, laptop cards, and other portable devices which enable a user to place and receive calls, send text and multimedia messages, or download or transmit files, media, or other data, among other communication activities. 11. Base stations, typically located on towers, are dispersed throughout geographic locations. The mobile stations must communicate with the base stations before the mobile station is allowed access to the cellular network. 12. The third generation of wireless network standards, also known as 3G, has been widely deployed and is currently in use. A 3G compliant network provides high speed bandwidth to handheld devices, including mobile phones, as well as other types of transmission/reception devices such as electronic readers, smart phones, and laptop cards. 3G is a compilation of technologies, the standards for which are articulated by the International Telecommunication Union ( ITU, a global standards setting organization. The ITU, through the International Mobile Telecommunications-2000 (IMT-2000 initiative mandated the necessity of, and the requirements for, a single global wireless standard. Many groups and committees worked together to develop mobile phone systems that are compliant with IMT Those groups included the Telecommunications Industry Association ( TIA and the European Telecommunications Standards Institute ( ETSI. 13. In or around late 1998, various regional standards organizations and committees, including ETSI, formed a standards setting group with the purpose of creating uniform standards 3

4 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 4 of 13 PageID #: 4 for 3G wireless networks and the Wideband Code Division Multiple Access/Universal Mobile Telecommunications System (known as WCDMA/UMTS or sometimes just UMTS that were compliant with the IMT This standards setting organization was named the Third Generation Partnership Project ( 3GPP. Currently, all 3G networks claiming to be UMTS compliant must comply with the IMT-2000 global initiative as articulated by 3GPP. 14. In 2008, the standards setting organization known as the 3GPP developed a fourth generation ( 4G standard known as the Long Term Evolution Standard ( LTE. The 4G LTE standard further expands the usability of mobile devices, beyond the capabilities of the 3G wireless network standards by expanding the potential number of simultaneous users and increasing the speeds at which communication and data access occurs. 15. Currently, all 4G networks and devices claiming to be LTE compliant must comply with the standard as articulated by 3GPP. 16. On March 22,1999, GBT filed a patent application and on June 3, 2003, the United States Patent & Trademark Office duly and legally issued United States Letters Patent No. 6,574,267 Bl entitled RACH-RAMP-UP ACKNOWLEDGEMENT. A true and correct copy of U.S. Patent No. 6,574,267 Bl is attached hereto as Exhibit A and incorporated herein by reference. 17. On December 15, 2009, after a full and fair re-examination of U.S. Patent No. 6,574,267 Bl, the United States Patent & Trademark Office duly and legally issued an Ex Parte Reexamination Certificate Number 6,574,267 Cl entitled RACH-RAMP-UP ACKNOWLEDGEMENT. A true and correct copy of the Ex Parte Reexamination Certificate Number 6,574,267 Cl ( the Re 267 Patent is attached hereto as Exhibit B and incorporated herein by reference. The 267 Patent is directed toward components of mobile stations and base stations which are used, and to methods and processes which are used by mobile stations, to 4

5 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 5 of 13 PageID #: 5 establish communication between mobile stations and base stations over wireless communication networks. 18. GBT also filed a continuation of the application that led to U.S. Patent No. 6,574,267 Bl. On April 15, 2008, the United States Patent & Trademark Office duly and legally issued United States Letters Patent No. 7,359,427 B2 entitled "RACH RAMP-UP ACKNOWLEDGEMENT" ( the '427 Patent". A true and correct copy of the 427 Patent is attached hereto as Exhibit C and incorporated herein by reference. The claims of GBT's '427 Patent are directed toward components of mobile stations which are used to establish communication between UMTS compliant mobile stations and UMTS compliant base stations over a wireless communication network. 19. The 3G UMTS Standard, as promulgated by 3GPP, reads on claims of the Patentsin-Suit. Accordingly, 3G UMTS compliant devices, and the use of such devices, infringe the Patents-in-Suit. 20. The 4G LTE Standard, as promulgated by 3GPP, reads on claims of the 267 Patent. Accordingly, 4G LTE compliant devices, and the use of such devices, infringe the 267 Patent. SAMSUNG S UNAUTHORIZED USE OF THE PATENTS-IN-SUIT 21. Samsung is a Fortune 100 electronics company based in Korea, with operations in the United States. Samsung is a manufacturer of cellular devices, as well as many other products. 22. Samsung makes, sells, offers for sale and/or imports certain mobile stations which are configured to allow connection to 3G UMTS compliant wireless networks. Those mobile stations manufactured by Samsung that are configured to allow connection to 3G UMTS compliant wireless networks include, but are not limited to, the Samsung a777; Samsung Captivate; Samsung Captivate Glide; Samsung Flash; Samsung Galaxy S II Skyrocket; Samsung Focus; Samsung 5

6 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 6 of 13 PageID #: 6 Evergreen; Samsung Flight II; Samsung DoubleTime; Samsung Infuse; Samsung Galaxy S II; Samsung Rugby II; Samsung Rugby Smart; Samsung Galaxy Note; Samsung Galaxy Tab 8.9; Samsung Gravity Smart; Samsung Dart; Samsung Gravity T; Samsung Gravity TXT; Samsung Exhibit II 4G; Samsung t259; Samsung Galaxy S II; Samsung Galaxy S Blaze; Samsung Galaxy Attain 4G; Samsung Galaxy Indulge; Samsung Galaxy Tab 10.1; Samsung Epic 4G; Samsung Exhibit 4G; Samsung Focus Flash; Samsung Focus S; Samsung Galaxy S 4G; Samsung Epic 4G; Samsung Gravity; Samsung Gravity 3; Samsung Gravity Touch; Samsung Nexus S; Samsung Solstice II; and Samsung Sidekick devices. 23. Samsung makes, sells, offers for sale and/or imports certain mobile stations which are configured to allow connection to 4G LTE compliant wireless networks. Those mobile stations manufactured by Samsung that are configured to allow connection to 4G LTE compliant wireless networks include, but are not limited to, the Samsung Galaxy S II Skyrocket; Samsung Galaxy Note; Samsung Galaxy Tab 8.9; Samsung Galaxy Stratosphere; Samsung Galaxy Attain 4G; Samsung Galaxy Nexus; Samsung Droid Charge; Samsung Galaxy Indulge; Samsung Galaxy Tab 7.7; Samsung Galaxy Tab 10.1; and Samsung 4G LTE Mobile Hotspot devices. FIRST CLAIM FOR RELIEF AGAINST SAMSUNG FOR INFRINGEMENT OF THE 267 PATENT BASED ON 3G COMPLIANT MOBILE DEVICES 24. Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1-23 of this Complaint as though fully set forth herein. 25. Plaintiff GBT is the owner by assignment of the entire right, title, and interest, including the right to enforce the 267 Patent. 26. Samsung has directly infringed and continues to directly infringe the 267 Patent by making, using, selling, or offering for sale in or importing into the United States mobile station devices used within UMTS compliant 3G wireless communication networks, which embody or 6

7 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 7 of 13 PageID #: 7 otherwise practice one or more of the claims of the 267 Patent. These mobile devices include, but are not limited to, the Samsung a777; Samsung Captivate; Samsung Captivate Glide; Samsung Flash; Samsung Galaxy S II Skyrocket; Samsung Focus; Samsung Evergreen; Samsung Flight II; Samsung DoubleTime; Samsung Infuse; Samsung Galaxy S II; Samsung Rugby II; Samsung Rugby Smart; Samsung Galaxy Note; Samsung Galaxy Tab 8.9; Samsung Gravity Smart; Samsung Dart; Samsung Gravity T; Samsung Gravity TXT; Samsung Exhibit II 4G; Samsung t259; Samsung Galaxy S II; Samsung Galaxy S Blaze; Samsung Galaxy Attain 4G; Samsung Galaxy Indulge; Samsung Galaxy Tab 10.1; Samsung Epic 4G; Samsung Exhibit 4G; Samsung Focus Flash; Samsung Focus S; Samsung Galaxy S 4G; Samsung Epic 4G; Samsung Gravity; Samsung Gravity 3; Samsung Gravity Touch; Samsung Nexus S; Samsung Solstice II; and Samsung Sidekick devices. 27. Samsung has indirectly infringed and continues to indirectly infringe the 267 Patent by actively inducing direct infringement by other persons in the United States who use mobile station devices configured to be used within UMTS compliant 3G wireless communication networks, which embody or otherwise practice one or more of the claims of the 267 Patent. These mobile devices include but are not limited to the Samsung a777; Samsung Captivate; Samsung Captivate Glide; Samsung Flash; Samsung Galaxy S II Skyrocket; Samsung Focus; Samsung Evergreen; Samsung Flight II; Samsung DoubleTime; Samsung Infuse; Samsung Galaxy S II; Samsung Rugby II; Samsung Rugby Smart; Samsung Galaxy Note; Samsung Galaxy Tab 8.9; Samsung Gravity Smart; Samsung Dart; Samsung Gravity T; Samsung Gravity TXT; Samsung Exhibit II 4G; Samsung t259; Samsung Galaxy S II; Samsung Galaxy S Blaze; Samsung Galaxy Attain 4G; Samsung Galaxy Indulge; Samsung Galaxy Tab 10.1; Samsung Epic 4G; Samsung Exhibit 4G; Samsung Focus Flash; Samsung Focus S; Samsung Galaxy S 4G; Samsung Epic 4G; Samsung Gravity; Samsung Gravity 3; Samsung Gravity Touch; Samsung Nexus S; Samsung 7

8 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 8 of 13 PageID #: 8 Solstice II; and Samsung Sidekick devices. At the time of Samsung s conduct, Samsung had knowledge of the 267 Patent. Upon information and belief, Samsung markets and sells its UMTS 3G compliant mobile station devices to end users, either directly or through distributors, and such end users use the mobile station devices in direct infringement of the 267 Patent. Upon information and belief, Samsung markets and distributes its UMTS 3G compliant mobile station devices based upon their UMTS 3G compliant characteristics, Samsung s UMTS compliant 3G compliant mobile station devices are especially designed to operate in a manner that infringes the 267 Patent, and Samsung s UMTS 3G compliant mobile station devices lack a substantial noninfringing use. In light of the foregoing, Samsung has knowingly and intentionally induced infringement and contributorily infringed the 267 Patent. 28. As a direct and proximate result of Samsung s direct and indirect infringement of the 267 Patent, Plaintiff has been and continues to be damaged in an amount yet to be determined. 29. Samsung was a licensee of the 267 Patent prior to infringing the Patent, and has had actual notice of the 267 Patent since that time. 30. Samsung has not had, nor does it have a reasonable basis for believing that it had or has the right to engage in the acts complained of herein. 31. Samsung s infringement has been willful and deliberate, making this an exceptional case and justifying the award of treble damages pursuant to 35 U.S.C. 284 and attorneys fees pursuant to 35 U.S.C SECOND CLAIM FOR RELIEF AGAINST SAMSUNG FOR INFRINGEMENT OF THE 427 PATENT BASED ON 3G COMPLIANT MOBILE DEVICES 32. Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1-31 of this Complaint as though fully set forth herein. 8

9 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 9 of 13 PageID #: Plaintiff GBT is the owner by assignment of the entire right, title, and interest, including the right to enforce the 427 Patent. 34. Samsung has directly infringed and continues to directly infringe the 427 Patent by making, using, selling, or offering for sale in or importing into the United States mobile station devices used within UMTS compliant 3G wireless communication networks, which embody or otherwise practice one or more of the claims of the 427 Patent. These mobile devices include, but are not limited to, the Samsung a777; Samsung Captivate; Samsung Captivate Glide; Samsung Flash; Samsung Galaxy S II Skyrocket; Samsung Focus; Samsung Evergreen; Samsung Flight II; Samsung DoubleTime; Samsung Infuse; Samsung Galaxy S II; Samsung Rugby II; Samsung Rugby Smart; Samsung Galaxy Note; Samsung Galaxy Tab 8.9; Samsung Gravity Smart; Samsung Dart; Samsung Gravity T; Samsung Gravity TXT; Samsung Exhibit II 4G; Samsung t259; Samsung Galaxy S II; Samsung Galaxy S Blaze; Samsung Galaxy Attain 4G; Samsung Galaxy Indulge; Samsung Galaxy Tab 10.1; Samsung Epic 4G; Samsung Exhibit 4G; Samsung Focus Flash; Samsung Focus S; Samsung Galaxy S 4G; Samsung Epic 4G; Samsung Gravity; Samsung Gravity 3; Samsung Gravity Touch; Samsung Nexus S; Samsung Solstice II; and Samsung Sidekick devices. 35. Samsung has indirectly infringed and continues to indirectly infringe the 427 Patent by actively inducing direct infringement by other persons in the United States who use mobile station devices configured to be used within UMTS compliant 3G wireless communication networks, which embody or otherwise practice one or more of the claims of the 427 Patent. These mobile devices include but are not limited to the Samsung a777; Samsung Captivate; Samsung Captivate Glide; Samsung Flash; Samsung Galaxy S II Skyrocket; Samsung Focus; Samsung Evergreen; Samsung Flight II; Samsung DoubleTime; Samsung Infuse; Samsung Galaxy S II; Samsung Rugby II; Samsung Rugby Smart; Samsung Galaxy Note; Samsung Galaxy Tab 8.9; 9

10 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 10 of 13 PageID #: 10 Samsung Gravity Smart; Samsung Dart; Samsung Gravity T; Samsung Gravity TXT; Samsung Exhibit II 4G; Samsung t259; Samsung Galaxy S II; Samsung Galaxy S Blaze; Samsung Galaxy Attain 4G; Samsung Galaxy Indulge; Samsung Galaxy Tab 10.1; Samsung Epic 4G; Samsung Exhibit 4G; Samsung Focus Flash; Samsung Focus S; Samsung Galaxy S 4G; Samsung Epic 4G; Samsung Gravity; Samsung Gravity 3; Samsung Gravity Touch; Samsung Nexus S; Samsung Solstice II; and Samsung Sidekick devices. At the time of Samsung s conduct, Samsung had knowledge of the 427 Patent. Upon information and belief, Samsung markets and sells its UMTS 3G compliant mobile station devices to end users, either directly or through distributors, and such end users use the mobile station devices in direct infringement of the 427 Patent. Upon information and belief, Samsung markets and distributes its UMTS 3G compliant mobile station devices based upon their UMTS 3G compliant characteristics, Samsung s UMTS compliant 3G compliant mobile station devices are especially designed to operate in a manner that infringes the 427 Patent, and Samsung s UMTS 3G compliant mobile station devices lack a substantial noninfringing use. In light of the foregoing, Samsung has knowingly and intentionally induced infringement and contributorily infringed the 427 Patent. 36. As a direct and proximate result of Samsung s direct and indirect infringement of the 427 Patent, Plaintiff has been and continues to be damaged in an amount yet to be determined. 37. Samsung was a licensee of the 427 Patent prior to infringing the Patent, and has had actual notice of the 427 Patent since that time. 38. Samsung has not had, nor does it have a reasonable basis for believing that it had or has the right to engage in the acts complained of herein. 10

11 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 11 of 13 PageID #: Samsung s infringement has been willful and deliberate, making this an exceptional case and justifying the award of treble damages pursuant to 35 U.S.C. 284 and attorneys fees pursuant to 35 U.S.C THIRD CLAIM FOR RELIEF AGAINST SAMSUNG FOR INFRINGEMENT OF THE 267 PATENT BASED ON 4G COMPLIANT MOBILE DEVICES 40. Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1-39 of this Complaint as though fully set forth herein. 41. Plaintiff GBT is the owner by assignment of the entire right, title, and interest, including the right to enforce the 267 Patent. 42. Samsung has directly and indirectly infringed, and continues to directly and indirectly infringe the 267 Patent by making, using, selling, and offering for sale in or importing into the United States mobile station devices used within LTE compliant 4G wireless communication networks, which embody or otherwise practice one or more of the claims of the 267 Patent. These mobile devices include but are not limited to the Samsung Galaxy S II Skyrocket; Samsung Galaxy Note; Samsung Galaxy Tab 8.9; Samsung Galaxy Stratosphere; Samsung Galaxy Attain 4G; Samsung Galaxy Nexus; Samsung Droid Charge; Samsung Galaxy Indulge; Samsung Galaxy Tab 7.7; Samsung Galaxy Tab 10.1; and Samsung 4G LTE Mobile Hotspot devices. Upon information and belief, Samsung markets and sells its 4G LTE compliant mobile station devices to end users, either directly or through distributors, and such end users use the mobile station devices in direct infringement of the 267 Patent. Upon information and belief, Samsung markets and distributes its 4G LTE compliant mobile station devices based upon their 4G LTE compliant characteristics, Samsung s 4G LTE compliant mobile station devices are especially designed to operate in a manner that infringes the 267 Patent, and Samsung s 4G LTE compliant mobile station devices lack a substantial non-infringing use. In light of the foregoing, 11

12 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 12 of 13 PageID #: 12 Samsung has knowingly and intentionally directly infringed, induced infringement, and/or contributorily infringed the 267 Patent. 43. As a direct and proximate result of Samsung s activities directly infringing, inducing and/or contributing to infringement of the 267 Patent pursuant to 35 U.S.C. 271(a, (b and/or (c, respectively, Plaintiff has been and continues to be damaged in an amount yet to be determined. 44. Samsung was a licensee of the 267 Patent prior to infringing the Patent, and has had actual notice of the 267 Patent since that time. 45. Samsung has not had, nor does it have a reasonable basis for believing that it had or has the right to engage in the acts complained of herein. 46. Samsung s infringement has been willful and deliberate, making this an exceptional case and justifying the award of treble damages pursuant to 35 U.S.C. 284 and attorneys fees pursuant to 35 U.S.C DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by a jury of twelve pursuant to Rule 38 of the Federal Rules of Civil Procedure as to all issues in this lawsuit. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Samsung as follows: 47. For a judicial determination and declaration that Samsung has directly and indirectly infringed and continues to infringe the Patents-in-Suit by making, using, importing, offering for sale, and/or selling mobile devices that are used to connect to UMTS compliant 3G wireless networks in the United States; 48. For a judicial determination and declaration that Samsung has directly and indirectly infringed and continues to infringe the 267 Patent by making, using, importing, offering 12

13 Case 1:12-cv SLR Document 1 Filed 04/13/12 Page 13 of 13 PageID #: 13 for sale, and/or selling mobile devices that are used to connect to LTE compliant 4G wireless networks in the United States; 49. For a judicial determination and decree that Defendant s infringement of the Patents-in-Suit is willful; 50. For damages resulting from Defendant s past and present infringement of the Patents-in-Suit and the trebling of such damages because of the willful and deliberate nature of its infringement; 51. For a declaration that this is an exceptional case under 35 U.S.C. 285 and for an award of attorneys fees and costs in this action; 52. For an assessment of prejudgment interest; and 53. For such other and further relief as the Court may deem just and proper under the circumstances. DATED: April 13, 2012 MCCARTER & ENGLISH, LLP _/s/ Daniel M. Silver Michael P. Kelly (DE #2295 Daniel M. Silver (DE #4758 Renaissance Centre 405 N. King Street 8 th Floor Wilmington, DE Tel: ( Fax: ( mkelly@mccarter.com dsilver@mccarter.com Attorneys for Plaintiff Golden Bridge Technology, Inc. 13