Case 5:18-cv LHK Document 55 Filed 12/06/18 Page 1 of 7

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1 Case :-cv-00-lhk Document Filed /0/ Page of 0 0 Aaron S. Jacobs (CA No. ajacobs@princelobel.com One International Place, Suite 00 Boston, MA Matthew D. Vella (CA No. mvella@princelobel.com 0 Broadway Avenue, Suite 0 Laguna Beach, CA Attorneys for Plaintiffs UNILOC 0 LLC, v. LOGITECH INC., Plaintiff, Defendant. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No.: :-cv-00-lhk SECOND AMENDED COMPLAINT FOR Plaintiff, Uniloc 0 LLC, ( Uniloc, for its Second Amended Complaint against defendant, Logitech Inc. ( Logitech, alleges: THE PARTIES. Uniloc is a Delaware limited liability company having addresses at 0 Orange Street, Wilmington, Delaware 0; 0 Newport Center Drive, Newport Beach, California 0; and 0 N. College Avenue, Suite 0, Tyler, Texas 0.. Logitech is a California corporation, having a principal place of business at 0 Gateway Boulevard, Newark, California 0.. Logitech makes, uses, offers for sale, sells, and imports products for sale to customers, including those products accused of infringement. 0.v :-cv-00-lhk

2 Case :-cv-00-lhk Document Filed /0/ Page of 0 0 JURISDICTION. Uniloc brings this action for patent infringement under the patent laws of the United States, U.S.C., et seq. This Court has subject matter jurisdiction under U.S.C. and (a.. As of the filing date of the Original Complaint, Uniloc Luxembourg, S.A. was the owner, by assignment, of U.S. Patent No.,,0 ( the 0 Patent, entitled COMMUNICATION SYSTEM, which issued on January, 00. A copy of the 0 Patent was attached as Exhibit A to the Original Complaint. to Uniloc.. On May, 0, Uniloc Luxembourg, S.A. assigned all rights under the 0 patent. The 0 Patent describes, and claims in various ways, inventions in systems and devices developed by Koninklijke Philips Electronics N.V. for improved communication of data, using polling of secondary devices by a primary device.. The 0 Patent describes problems and shortcomings in the then-existing field of communications between devices and describes and claims novel and inventive technological improvements and solutions to those problems and shortcomings.. The written description of the 0 Patent describes in technical detail each limitation of the claims, allowing a person of ordinary skill in the art to understand what the limitations cover and how the combination of claim elements differed markedly from and improved upon what may have been considered conventional or generic. 0. Logitech imports, uses, offers for sale, and sells in the United States electronic devices that utilize Bluetooth Low Energy version.0 and above, including those designated: MX ERGO, MX Master S, M0 Multi-Device Silent, MX ANYWHERE S, M Multi-Device, M0 Triathlon, M, M, Craft, KS Multi-Device, K0 Multi-Device, KEYS-TO-GO, K0 Multi-Device, Bluetooth Multi-Device Keyboard K0, Bluetooth Easy-Switch Keyboard K, Bluetooth Illuminated Keyboard K0, MK0 Performance, Spotlight, C0, Z0, MX Sound, Z Speaker System with Subwoofer, Bluetooth Audio Receiver, Z Speaker System :-cv-00-lhk

3 Case :-cv-00-lhk Document Filed /0/ Page of 0 0 with Bluetooth, Bluetooth Speakers 00, and X00 Mobile Wireless Stereo Speaker (collectively, Accused Infringing Devices.. The Accused Infringing Devices are electronic devices that implement communications systems where a device (a primary station broadcasts messages to a second device (a secondary station to poll the second device, which responds when it has data to transmit to the first device.. Logitech has infringed, and continues to infringe the 0 Patent by making, using, offering for sale, selling, and importing the Accused Infringing Devices. For example, as shown in Exhibit to the Amended Complaint, the Accused Infringing Devices implement a system that includes every element of claim. Logitech installed the infringing functionality in its product because it intended that its customers use that functionality.. Logitech has been on notice of the 0 Patent since, at the latest, the service of the Original Complaint. Logitech has also been on notice of Uniloc s infringement allegations and theory of infringement since that date of service, as well as the date of its receipt of Exhibit to the Amended Complaint.. Since receiving that notice, Logitech has known the Accused Infringing Devices, which incorporate components and software that cause the devices to operate automatically as described above, infringe the 0 Patent.. Since receiving the notice of infringement in the Original Complaint and the explanation of Uniloc s theory of infringement in Exhibit to the Amended Complaint, Logitech has known its customers were, and are, infringing the 0 patent.. In its marketing, promotional, and instructional materials, including those identified below, Logitech intentionally instructs its customers to use the Accused Infringing Devices in a manner that Logitech knows causes them to send and receive data packets in accordance with Bluetooth Low Energy version.0 and above functionality, which Logitech knows infringes the 0 Patent.. Logitech intentionally instructs its customers to use the Accused Infringing Products, in a manner that Logitech knows infringes the 0 patent, through training videos, :-cv-00-lhk

4 Case :-cv-00-lhk Document Filed /0/ Page of 0 0 demonstrations, brochures, installation and user guides, and other instructional and marketing materials, such as those located at: :-cv-00-lhk

5 Case :-cv-00-lhk Document Filed /0/ Page of Since receiving the notice of infringement described above, Logitech has known that the above instructions instruct its customers how to use the Accused Infringing Devices to infringe the 0 patent and encourage them to do so.. Logitech has also infringed, and continues to infringe, the 0 patent by offering to sell, selling, and importing the Accused Infringing Devices, which devices are used in the system of the 0 patent, and constitute a material part of the invention. Logitech knows portions of the software on the Accused Infringing Devices that provides the Bluetooth Low Energy version.0 and above functionality were especially written solely for use to implement what it now knows is :-cv-00-lhk

6 Case :-cv-00-lhk Document Filed /0/ Page of 0 0 infringement of the 0 patent, as described above. Logitech also now knows those portions have no use, other than for infringement. 0. Logitech now knows, and has known since receiving the notice of infringement described above, its continued actions induce and contribute to infringement of the 0 Patent. Despite that, and as further evidence of its intent that its customers infringe, Logitech has refused to discontinue its infringing acts, and has induced infringement by failing, since learning of Uniloc s infringement allegations, to remove or distinguish the infringing features of the Accused Infringing Devices or otherwise place a non-infringing limit on their use.. Logitech may have infringed the 0 Patent through other software and devices utilizing the same or reasonably similar functionality, including other versions of the Accused Infringing Devices.. Uniloc has been damaged by Logitech s infringement of the 0 Patent. PRAYER FOR RELIEF Uniloc requests that the Court enter judgment against Logitech: (A declaring that Logitech has infringed the 0 Patent; (B awarding Uniloc its damages suffered as a result of Logitech s infringement of the 0 Patent; (C awarding Uniloc its costs, attorneys fees, expenses, and interest, and (D granting Uniloc such further relief as the Court finds appropriate. :-cv-00-lhk

7 Case :-cv-00-lhk Document Filed /0/ Page of 0 0 Date: December, 0 Respectfully submitted, /s/ Aaron S. Jacobs Aaron S. Jacobs (CA No. ajacobs@princelobel.com One International Place, Suite 00 Boston, MA Matthew D. Vella (CA No. mvella@princelobel.com 0 Broadway Avenue, Suite 0 Laguna Beach, CA Attorneys for Plaintiff :-cv-00-lhk