UNITED STATES INTERNATIONAL TRADE COMMISSION i . WASHINGTON, D.C.

In the Matter of

CERTAIN IOTDEVICES AND Investigation N0. 337-TA­ COMPONENTS THEREOF (IOT,THE INTERNET OF THINGS (IoT) — WEB APPLICATIONS DISPLAYED ON A WEB BROWSER)

COMPLAINT UNDER SECTION 337 OF THE TARIFF ACT OF 1930,AS AMENDED

PRO SE COMPLAINANT PROPOSED RESPONDENTS

Lakshmi-Arunachalam, Ph.D. International Business Machines Corporation 222 Stanford Avenue 1New Orchard Road, Menlo Park, CA 94025 Armonk, New York 10504, Tel: 650.690.0995 Tel: 914. 499.6500

[BM India Pvt Ltd No.12, Subramanya Arcade, Bannerghatta Main Road, Bangaluru, India - 560 029 Tel: +918040683000

SAP America, Inc. 3999 West Chester Pike Newtown Square, PA 19073 Tel: +1-610-661-1000

SAP SE .—Walldorf Dietmar-Hopp-Allee -16 69190 Walldorf, Gennany Phone: +49 (0)6227 / 7-47474

Apple Inc. 1 Infinite Loop, Cupertino, California 95014 Tel: 408.996.1010

JPMorgan Chase and Company 270 Park Avenue, New York, NY ' Tel: 212-270-6000 The United States,‘ Office of the Attorney General, U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Tel: 202.514.2000 y _ .

United States Patent and Trademark Office, PO Box 1450 Alexandria, VA 22313-1450 Tel: 571.272.7000

Patent Trial and Appeal Board, United States Patent and Trademark Office, PO Box 1450, Alexandria, VA 22313-1450 Tel: (571) 272-7822 ' ,

Facebook, Inc. 1 Hacker Way Menlo Park, CA 94025 Tel‘:650.543.4800; 650. 308.7300

Microsoft Corporation, h One Microsoft Way, Redmond, Washington 98052-6399 Tel: (425) 882-8080

Samsung Electronics America, Inc. 85 Challenger Road,“ " Ridgefield Park, NJ 07760 Tel: 201.229.5000

Samsung Electronics:Co., Ltd. 129, Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea; Headquarters: 40th floor Samsung Electronics Building, 11, Seocho-daero 74-gil, Seocho District, , Tel: 82-2-2255-0114

Eclipse Foundation, Inc.; and its Members, 102 Centrepointe Drive Ottawa, Ontario,Canada, K2G 6B1 . Tel: 1.613.224.9461 Fiserv Inc. 255 Fiserv Drive, Brookfield, Wisconsin 53045 ' Tel: (262) 879-5000 V ­

Fiserv India Pvt. Ltd.

No.3, 2nd Floor, Prestige Blue Chip Business Park > Hosur Road, Bangalore —560029, India Tel: +91 80670 83600 _

Wells Fargo Bank 420 . , CA 94163 Tel: 1-800-869-3557 Tel: 1.866.249.3302

Citigroup, Citibank 399 Park Avenue, New York, NY 10022; and 388 Greenwich Street, New York, NY 10013 Tel: 212.559.1000 and 800-285-3000 "

Citizen’s Financial Group, Inc. One Citizens Plaza, Providence, RI 02903 Tel: 401.456.7000

Fulton Financial Corporation One Penn Square, P. O. Box 4887, Lancaster, Pennsylvania 17602 ' Tel: 717-291-2411

J. C. Penney Corporation, Inc., and J.C. Penney Company, Inc. 6501 Legacy Dr, Plano, TX 75024 Tel: (972) 431-1000

U—HaulInternational, Inc. _ Subsidiary of AMERCO, 2727 N Central Ave Phoenix, AZ 85004 Tel: (602) 263-6811 Avis Rent A Car System, LLC, Avis Budget Group, and ’ Payless Car Rental, 6 Sylvan Way Parsippany, NJ 07054 Tel: 973-496-3500

Hertz Global Holdings, Inc. The Hertz Corporation, Dollar Rent A Car, and Thrifty Car Rental, 8501 Williams Road ­ Estero, Florida 33928 Tel: (239) 301-7000

Ace Rent A Car 4529 West 96th Street Indianapolis, IN 46268 Tel: 1-317-248-5686

Enterprise Holdings, Enterprise Rent-A-Car, National Car Rental, and Alamo Rent A Car, ­ 600 Corporate Park Drive Clayton/St. Louis, Missouri 63105 . Tel: (314) 512-5000 _

Presidio Bank, _ '­ One Montgomery Tower San Francisco, CA 94111 Tel: 415.229.8400

Fremont Bancorporation and Fremont Bank 39150 Fremont Blvd, Fremont, CA 94538 Tel: (510) 505-5221

Heritage Bank of Commerce, and Focus Bank, 150 S Almaden Blvd, . San Jose, CA 95113 _ Tel: 408.947.6900

iv Bridge Bank, _ 55 S Almaden Blvd, San Jose, CA 95113 Tel: 408.423.8500

V - TABLE OF CONTENTS

Page No Introduction...... 1

iOS ll-Home screen on iPhone 8...

Synopsis...... 7 Preface...... I...... 8 II. Background:The SocialContract...... 9 '

III. The Significanceof the Invention...... 10 Complainant...... 25 ProposedRespondents...... 26

The Technologyand Productsat Issue...... 43 AssertedPatent...... 44

A. U.S.PatentN0. 7,930,340...... 44

1. Identification and Ownership of the I ‘340Patent...... 44

2. Foreign Counterparts to the ‘340 Patent...... 45

3. Non-Technical Description of the ' ‘34OPatent...... 46 B. Licensees of the ‘340 Patent...... 54

PROPOSED RESPONDENTS’ INFRINGEMENT OF THEASSERTEDPATENT...... 54

A. Infringementofthe ‘340Patent...... 55

INFRINGEMENT OF THE ‘34OPATENT BY IBM, SAP AND EACH OF THE PROPOSED

'

vi VII RelatedLitigation......

VIII. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS —PATENT INFRINGEMENT ......

IX. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS —USPTO/PTAB, A RICO ENTERPRISE......

X. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS —USPTO/PTAB BREACH OF CONTRACT WITH INVENTOR/COMPLAINANT..

Breach of Public Trust and Fraud on the Court...... TheSocialContract......

CAFC and District Courts’ Denial of Due Process to Inventor......

XI. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS —THE IBM ECLIPSE FOUNDATION’S THEFT OF DR. ARUNACHALAM’S INTELLECTUAL PROPERTY, MISAPPROPRIATION OF DR. ARUNACHALAM’S TRADE SECRETS BY IBM, MICROSFT AND SAP, COPYRIGHT INFRINGEMENT AND PATENT INFRINGEMENT BY THE IBM ECLIPSE FOUNDATION OF DR. ARUNACHALAM’S ASSERTEDPATENT......

Factsof IBM’sRacketeering......

PTAB Judges McNamara and Stephen Siu have conflicts of interest in Microsofl, JPMorgan, SAP and other Litigants in Dr. Arunacha1am’sPatent Reexaminations,voidingtheir rulings......

XII Specific Instances of Unfair Importation and,Sale, TradeShows......

iOS 11Home screenon iPhone8......

XIII HARMONIZED TARIFF SCHEDULE NUMBERS..

vii XIV. TheDomesticIndustry...... 97 A. TechnicalProng...... 98 B. EconomicProng...... 98 XV. RequestforRelief...... 104

VerificationofComplaint...... 107

Table of Authorities

Fletcher v. Peck, 10U.S. 87 (1810)...... passim

viii INDEX OF NON-CONFIDENTIAL EXHIBITS

Exhibit ‘No. ' Item 1 U.S. Patent No. 7,930,340 2 Assignment of U.S. Patent No. 7,930,340 3 Declaration by Dr. Lakshmi Arunachalam that the attached copy of U.S. Patent No. 7,930,340, its assignment records, its prosecution history, and patent and applicable pages of each technical reference mentioned in the prosecution history, are true and correct copies of the same and that I have ordered from the USPTO to send certified copies of the same to the U.S.Intemational Trade Commission. \l

INDEX OF CONFIDENTIAL EXHIBITS

Exhibit N0. Item 1C I Confidential Declaration of Dr. Lakshmi Arunachalam regarding Economic Domestic , Industry ' 2C Confidential License Agreement 3C Confidential List of Licensees of U.S. Patent No. 7,930,340 4C Confidential Representative Infringement Claim Charts for the ‘340 Patent 5C ConfidentialRepresentative Domestic Industry Claim Charts for the ‘340 Patent, which is a ditto copy of Exhibit No. 4C.

INDEX OF PHYSICAL EXHIBITS

Exhibit No. I Item See Ex. Pl in Case 337-1065 ~ Apple iPhone 7, label shows “Assembled in China.” See Ex, 30 in Case 337-1065 which has the Import Declaration. t

‘ INDEX OF APPENDICES

Appendi Item x N0. A Prosecution History of U.S. Patent No. 7,930,340

ix Patents and technical references cited during prosecution of the ‘340 patent Declaration by Dr. Lakshmi Arunachalam that the attached copy of U.S. Patent No. 7,930,340, its assignment records, its prosecution history, and patent and I applicable pages of each technical reference mentioned in the prosecution history, are true and con'ect copies of the same and that I have ordered fiom the USPTO to send certified copies of the same to the U.S. International Trade Commission. Exhibit D2 is a true copy of the CPL Agreement of Eclipse code, which shows IBM­ SAP collusion from the Eclipse website. The documents in the Exhibit are true and accurate copies of files downloaded fiom www.eclipse.org on April 18, 2016: 2002­ 08-29 Common Public License (CPL) Version 0.5 http://www.eclipse.org/legal/cpl­ v05.html ; 2004-09-02 Tentative IP Log for eclipseplatform, eclipse.jdt and ec1ipse.pde http://www.eclipse.org/projects/ip_l0g.php?projectid=eclipse.platform,eclipse.jdt,e clipse.pde; and 2004-09-02 Eclipse CPL to EPL Transition Plan http://www.ec1ipse.org/1egal/cpl2epl/ "

Excerpts pp. 175-181, 189-191 of the prosecution history of the related U.S. Patent. No. 6,212,556, the (‘556) patent in the same priority chain as the Asserted Patent . Excerpts pp 1-5 of the parent provisional patent application with S/N 60/006,634 filed November 13, 1995 ‘ Excerpts pp 82-93 from the prosecution history of the parent U.S. Patent No. 5,778,178, the (‘178) patent in the same priority chain as the Asserted Patent is a true and correct copy of the web page for eclipse.org where Eclipse code .is available for download including Complainant’s inventions; list of members showing SAP, JPMorgan, IBM as members; board of directors showing SAP as a Board member; board meeting minutes of Dec 8, 2004 showing SAP’s lead role; Eclipse awarded IPMorgan “Best Deployment of Eclipse Technology in an A enterprise” at EclipseCon March 6, 2007; article entitled “]PMorgan raises the Bar for Banking'Applications;” Amendment No. 8 to Form S-1 Registration statement for Facebook, Inc. showing JPMOrgan, BofA, Barclays, Citigroup, Wells Fargo; and list of tutorials, sample code on Eclipse SOAP, REST, OData services from SAP '

X I. Introduction

l. Complainant Dr. Lakshmi Arunachalam (“Dr. Arunachalam” or “Complainant”)

respectfully files this complaint under Section 337 of the Tariff Act of _1930,as amended, 19U.S.C.

§ 1337, based on unfair methods of competition and unfair acts in the unlawful importation into

the United States, sale for importation into the United States, and/or sale within the United States

after importation of certain IoT devices and components thereof (IoT, The Internet of Things —

Web Applications displayed on a Web browser) — that infringe one or more claims of U.S. Patent

No. 7,930,340 (“the ‘34Opatent”), either literally or Lmderthe doctrine of equivalents, directly,

contributorily and/or by inducement — by each Proposed Respondent, namely,. Intemational

Business Machines"Corporation and IBM India PvtVLtd (collectively, “IBM”); by SAP America,

Inc. and SAP SE (collectively, “SAP”); Apple Inc. (“Apple”); IPMorgan Chase and Company

(“JPMorgan”); Facebook, Inc. (“Facebook”); Microsoft Corporation (“Microsoft”); the United

States (“United States”); United States Patent and Trademark Office (“USPTO”); Patent Trial and

Appeal Board (PTAB); Samsung Electronics America, Inc. and Samsung Electronics Co., Ltd

(collectively, “Samsung”); Eclipse Foundation, Inc. and its Members (collectively, “The IBM

Eclipse Foundation”); Fiserv Inc. and Fiserv India Pvt Ltd (collectively, “Fiserv”); Wells Fargo

Bank (“Wells Fargo”); Citigroup, Citibank (collectively, “Citi”); Citizen’s Financial Group, Inc.

(“Citizen’sf’); Fulton Financial Corporation (“Fulton”); J. C. Penney Corporation, Inc. and J. C.

Penney Company, Inc._(collectively, “JCPenney”); U-Haul Intemational, Inc. (“U-Haul”); Avis

Rent A Car System, LLC, Avis Budget Group, and Payless Car Rental (collectively, “Avis”);

Hertz Global Holdings, Inc., The Hertz Corporation, Dollar Rent A Car, and Thrifty Car Rental

(collectively, “Hertz”); Ace Rent A Car (“Ace”); Enterprise Holdings, Enterprise Rent-A-Car,

National Car Rental, and Alamo Rent A Car (collectively, “Enterprise Car Rental”); Presidio

1 Bank (“Presidio”); Fremont Bancorporation and Fremont Bank (collectively, “Fremont Bank”);

Heritage Bank of Commerce, and Focus Bank (“Heritage Bank”); and Bridge Bank (“Bridge

Bank”); each of whom is a “Proposed Respondent.” A copy of the ‘340 patent (the “Asserted

Patent”) is attached hereto as Exhibit 1. _

2. Dr. Arunachalam asserts that each Proposed Respondents’ accused products practice at least the following claims ( collectively, the “asserted claims”) of the Asserted Patent:

I PATENT ASSERTED CLAIMS 1 U.S. Patent No; 7,930,340 1- 40

3. As required by Section 337(a)(2) and defined in Section 337(a)(3), an industry in the United States exists relating to articles protected by the Asserted Patent. As described more fully below and in Exhibit Nos. 1C, 2C, 3C, the domestic industry exists based on at least Dr.

Arunachalam’s substantial investments in developing a patent portfolio between 1993 and 2017 through engineering, research, and development and patent assertion in the United States, and continuing significant investments made in the United States by Dr. Arunachalam. in plant and equipment and employment of labor and capital, raising venturecapital and developing IoT devices and Web applications displayed on a Web browser based on her Asserted Patent and installing it at Cisco, being certified by First Data Corporation as-complaint for processing Web credit card transactions from Web applications, pilot trials in the U.S. and Europe.

4. Dr. Arunachalam, based in Menlo Park, Califomia, is the inventor of the Internet of Things (IoT) ——WebApplications displayed on a Web browser — and IoT devices, apparatuses, machines; and is the assignee of a portfolio of a dozen earliest Internet patents on the Intemet of

Things (IoT) — Web Applications displayed on a Web browser— and IoT devices, apparatuses, machines, with a priority date of November 13, 1995, the date of filing of her provisional patent

2 application with S/N 60/006,634 from which the Asserted Patent, U.S. Patent No. 7,930,340

derives its priority date. Dr. Arunachalam created the domestic industry whose current value far

exceeds trillions of dollars and the proliferation of IoT devices, and the millermial generation, in

1995, when what existed prior to 1995 was CGI scripts and islands of information with

applications local to the Back Office of large enterprises like Banks not connected to the Web nor

displayed on a Web browser. Web applications displayed on a Web browser were non-existent in

1995. Dr. Arunachalam is a-pioneer and a visionary who invented the Intemet of Things and IoT

devices — the OSI application layer network or service network on the Web with Web applications

displayed on a Web browser, enabling two-way real-time Web transactions from the Web

application displayed on a Web browser. Dr. Arunachalam founded three “start-up companies in

Silicon Valley in Menlo Park, Califomia, namely, (i) Pi-Net International Inc. (“Pi-Net”), a Web

applications and solutions’ company with over a hundred customers and provided services to

Fortune 500 companies in the United States; (ii) WebXchange, Inc. that designs and markets

innovative technologies, IoT apparatuses, machines and devices, Web applications, Web application development platforms and IoT technology solutions, products and services, and implemented and licensed herpatents and patented technology; and (iii) e-pointe, Inc., that designed and marketed IoT connectors and end-points, certified by First Data Corporation as compatible with First Datafs system for real-time two—waycredit card transactions over the Web from Web applications displayed on a Web browser. Dr. Arunachalam tirelessly dedicated her entire career to inventing, designing, perfecting and patenting these IoT devices/apparatuses/machines with Web applications displayed on a Web browser.

5. Dr. Arunachalam’s IoT machines are exemplified in the following screenshot:

K

3 . iOS ll Home screen on iPhone 8 and App Store, which has 2 million Web applications, pre­ packaged in Shenzhen, China by Foxconn and other Apple suppliers. See Apple Supplier List for

2017 at https://images.apple.com/supplier-responsibility/pdf/AppleSupplier-List.pdf. Many of

Apple Suppliers are from China, such as Foxconn in Shenzhen, China, where the iPhone 8 is assembled and pre-packaged with App Store with 2 million Web applications in iOS 11 before it is imported into the United States. ~ ~

iOS 11 Home screen on iPhone 8

‘._;~", \ 3

K . 9} ‘.~_ l

»_.._____..__,_W__- 0000000 . _ __ _ - . __. ~- A ‘ w@d@,...... __

4

»--—-.----.-.r..__.

IIOQ 6. Other examples of Dr. Arunachalam’s IoT machines are Web banking application

IoT devices such as Proposed Respondent JPMorgan Chase and Company’s over 7000 Web applications it advertises on its website as being part of just one Business Unit; Proposed

Respondents Wells Fargo Bank, Citi’s, Fulton Financial Corporation’s, Citizen’s Financial

Group’s, Fiserv’s, Presidio Bank’s, Fremont Bank’s, Bridge Bank’s, SAP’s financial Web

applications displayed on a Web browser; social networking like Facebook’s Web application,

from IoT devices, mobile electronic devices, such as smart Phones, like Apple iPhone 8, Samsung

Galaxy (Note: The identification of a specific model or type of IoT device or mobile electronic

device is not intended to limit the scope of the investigation. Discovery may reveal that additional products of Apple, Samsung and other Proposed Respondents infringe the Asserted Patent claims.)

Since Dr. Arunachalam’s founding of Pi-Net in 1989, she has invested over a hundred million

dollars in cash, human capital and brain power in the United States and a multitude of decades of

man-years, researching and developing innovations that created IoT devices, apparatuses,

machines and an infinite number of Web applications displayed on a Web browser, with a Web

application platform protected by Complainant’s Asserted Patent and other patents in her patent portfolio with a priority date of 1995 and enabled two-way real-time Web transactions from Web

applications displayed on a Web browser, when in 1995what existed was mere one-way browsing, not two-way real-time Web transactions from Web applications, nor Wireless IoT transactions, nor Web application/IoT teclmologies. These market-disruptive innovations should have allowed

Dr. Arunachalam to grow into one of the largest technology companies in the United States, but

for Proposed Respondents engaging in RICO tactics, anti-trust violations, unfair methods of competition and unfair acts in the unlawful importation into the United States, sale for importation into the United States, and/or sale within the United States afler importation of certain IoT devices

5 and components thereof (IoT, The Intemet of Things —~Web Applications displayed on a Web

browser) — that infringe one or more claims of U.S. Patent No. 7,930,340. Each Web application

is a grain of sand in the ocean of IoT devices and infinite Web applications, all of which are Dr.

Arunachalam’s inventions. Dr. Arunachalam and her companies have been engines of business

and employment creation and provided employment to engineers and customer support, sales and

marketing people — and lawyers for both patent prosecution and patent litigation — ever since

1990 even during major recessions. Dr. Arunachalam has made significant dollar investments of

capital in plant and equipment; significant employment of labor and capital, human capital,

physical capital, land; substantial exploitation of the Asserted Patent, including a variety of

research and development, engineering, quality management, technical support, field training,

solutions and services and developing the IP with respect to Complainant’s domestic industry IoT

devices/apparatuses/machines, Web applications and components, and invested substantial

amounts of money, time, man-years in patent prosecution and patent litigation of her patent portfolio of a dozen patents with the same priority date of l1/ 13/1995 as the Asserted Patent. Dr.

Arunachalam has taken risks as a female entrepreneur and gave-it her all — time, money and

energy, including all of her life savings. Dr. Arunachalamihas been injured by -Proposed

Respondents stealing her inventions by engaging in RICO and by importation of products infringing the Asserted Patent and she would benefit by protection of the domestic industry from import competition, without harming the public interest.

7. Dr. Arunachalam helped pioneer advances at the heart of IoT connectivity and Web applications and two-way real-time Web transactions from Web applications from multi-media

IoT devices/apparatuses/machines, enabling not only Proposed Respondents’ IoT devices and

6 Web applications and Apple’s and Samsung’s mobile electronic devices, but also the entire IoT device/smaxtphone revolution and millennial generation. Res accendent Rebus i _ One thing throws light ‘upon others

8. SYNOPSIS: Revolving-Door Government‘ Contract Fraud Inducement and Adjudicative Corruption of the USPTO DesignedTo Anti-Trust Domesticand International Internet-of-Things (IoT) By the USPTO, Compromised Courts, and Legislative Enactment Coloring The Infringement of [I]he Single (most important) 1995 Patent by Copyright Conversion In Breach of Solemn Oaths and Public Trust Nonfeasance, Misfeasance, and Malfeasance In Corrupt Association with Corporate Respondents and Proposed Respondents Converting the Agency into a Continuing RICO Enterprise of Repetitious Wrongful Mandated Activity Concealing Crimes too Smallto be Recognized as Crime Inconsistent with Legitimate Intent.

9. To induce Inventors to forfeit inventions to the USPTO, the Agency systematically propounds the ‘Organized Dissemination of [Misleading.] Information’ regarding the ‘Object’ of its ‘Public Contract-Patent Grant [Offer — Contingent upon Agency Certification of the

Invention’s ‘Construction & Terms’. ’8 uaranteeing; a __’that the Invention [Acce P tance

Consideration] will be used to ‘Promoteand Benefit Commerce, the Economy, and Public Use.’; b) that, the ‘Patented’ Invention’s ‘AgencyCertzfied—C0nstructi0n and Terms’will be protected by ‘Judicial Notice’ of the attaching ‘Patent Prosecution History Estoppel’ upon any challenge; c) that, the Inventor will possess ‘Unfettered Control and Use’ of the patented invention for a -/.

‘Time Certain ’;and d) that, by ‘Government Grant, ’the Inventor will have ‘TheAwarded Right’ to collect royalties for any infringements of the patent’s claims, construction and terms during the time certain in which the Inventorhas control of the patent. Thereby ‘Creating Satisfied Victims for a Period of Time.’ . - _

i 10. By ‘Voluntary Victim Action in ‘Accepting’the Govemment’s ‘Ofler, ’the Victim in fact ‘Assisted by Constructive Admission’ that the ‘Revolving-Door Agency’ contracted in

‘Good Faith’; thereby, assisting in concealing the Agency’s silence [as fr_aud.] regarding the

7 USPTO’s long practiced’ [Pre AIA Enactment ‘Coloring’.] venue to the Appeals Division to

‘Reexamine(Beneficial)Granted Patents’ [Treasonably.] for rescinding patentability [Contrary

to U. S. Supreme Court Chief Justice Marshall’s ‘First Impression’ Mandated Prohibition,

in Fletcher v. Peck, 10 U.S. 87 (1810).]. For reasons, of past crimes detectable and provable only

through Audit Procedures. ‘

' 11. The nexus significance of this single infringement; however, manifests itself by the

USPTO ‘Convertingthe Infringement into a Copyrightfor IBM’ distributionof the infringement

worldwide as freeware subject to licensing as a copyright licensing to capture the global market to

monopolize and minimize domestic and international competition; discouraging, investigation by

making the crime appear overwhelming in size and complexity. _ '

' ’ PREFACE

12. For over 200'years, the Patent Law profession has produced boxcars of litigations,

lawyers, federal judges, and legislative officials that have changed the patent law environment to

the point of rendering the administration of it becoming a ‘Closed System’ requiring specialization.

Since the 2012 passing of the America Invents Act [Authorizingthe ‘Reexamination of Existing

Patent Grants [Protected by ‘Patent Prosecution History Estoppel’] [Already being practiced pre­

AIA by the PTO Appeals Board inconjunction with the Federal Circuit.], the administration has

reduced the inducing ‘Public Contract and Duty’ to protect issued grants; into, a legal fiaud being perpetrated on the public inventor (to obtain one’s invention); under, false pretense that an awarded

Patent Grant is protected. While the archives at the IP Watchdog Website and Wikipedia cite patent law case precedent as far back as 1810, it appears the entire Patent Administration and

Federal Circuit have been ignorant of the very first Contract Law case heard by the Supreme Court; establishing, the resjudicata law of the land prohibiting the quashing of government grants, once

8 issued by the govemment even by the highest authority. Where Chief Justice Marshall’s mandated prohibition has not been overturned to date; how, then can the USPTO, the Federal Circuit, or

Legislature pass or make laws to the contrary -— without being in breach of individual and collective solemn oaths to uphold the law of the land? . ‘

I, SYNOPSIS

13. Inll995 [Prior to enactment of the America Invents Act (A1/1).],the USPTO breached its social contract with VICTIM/Complainant/Inventor. The USPTO, a) QLILI, IBM to infringe VICTIM/Complainant’s protected patent [In corrupt association with other Proposed

Respondents in restraint of trade] to avoid paying royalties to VICTIM/Complainant. The

USPTO,b) a, The IBM EclipseFoundation(The RICO Enterprise) to (overtb/))convert the infringed patent (immediately) into a (colorful) trademarkiand copyright for domestic and international distribution as ‘Freeware ’ [To capture the ‘Global Market’.]; and c) in furtherance, collusively moved to have the (infi"ingeaQpatent ‘Reexamined Administratively’ [In cohort with the PTO Appeals Board] by representation on behalf of an initial infringingRespondent (in breach of trust, solemn oath, and in conflict of interest.). '

.II BACKGROUND ' ‘TheSocial Contract’

14. In 1995, VICTIM/Complainant was induced into ‘Accepting’the ‘Standing Social

Contract’ proffered by the USPTO; contingent. upon USPTO ‘Certification of the Invention ’s

Construction and Terms’. In consideration, of VICTIM/Complainant forfeiting ownership of the invention to the USPTO for ‘Public Use and Benefit’, the contract guaranteed that;

VICTIM/Complainant, a.) would have ‘Unfettered Use and Control’ of the Invention for a ‘Time

Certain ’; with, b) ‘Patent Prosecution History Estogpel Protection Right’ against any challenges

,. _ 9 to the (certijiecflconstruction and terms of the invention; and, c) the granted right to bring an action for ‘Infringements during the Time Certain; whereupon, after the time—elapse, the USPTO would own the invention. In (good-faith) reliance with the terms of the social contract,

VICTIM/Complainant transferred ownership of her Invention (1)to the USPTO in trust for the

‘Public 's Benefit and Use’to a) encourage Inventors to patent contract with the USPTO; advance commerce, and improve the American economy.

IH ' SIGNIFICANCE OF THE INVENTION

_ l5. VICTIM/Complainant discovered that Microsoft and IBM [In corrupt association with SAP, the USPTO, and The IBM Eclipse Foundation members] had infringed Complainant’s patents. ‘

l6. The entire fabric of each and everv Proposed Respondent runs on Dr.

Arunachalam’s Asserted Patent. For example, Proposed Respondents, Apple’s agreement with

SAP sees the combination of native apps for iPhone and iPad with the software capabilities of the

SAP HANA platform. At Mobile World Congress 2017, “SAP Floats Apple Partnership, New

Cloud Services... “SAP kicked its cloud strategy into a higher gear ..., launching a partnership

' THE SIGNIFICANCE OF VICTlM’S INVENTION: Called a ‘VAN SWITCH’/Object Router/Service Network/Object Network/Intemet of Things (IoT) [One of many other protected patents in VICTIM’s/Complainant’s portfolio with a priority date of 1995.], the invention is a Web-application platform that enables two-way real-time Web transactions firom Web applications displayed on a Web browser. In I995, what existed was mere one-way browsing, not two-way real-time Web transactions fiom Web applications, nor wireless Internet IoT transactions, nor Web application/IoT technologies. It is little wonder why Microsoft wanted to purchase VICTlM’s/Complainant’s invention; {£41,failing sued VICTIM/Complainant twice (and lost) in effort to secure the invention |That tailing, simply infi-ingedthe patent (in corrupt association with other Respondents; @, the USPTO itself in cohort-[ive] conflict and vested interest of federal judges and Patent Administrative judges refusing to recuse).

These market-disniptive innovations should have allowed Dr. Arunachalam to grow into one of the largest technology companies in the United States, but for Proposed Respondents engaging in RICO tactics, anti-trust violations, unfair methods of competition and unfair acts in the unlawful importation into the United States, sale for importation into the United States, and/or sale within the United States after importation of certain IoT devices and components thereof (IoT, The Internet of Things — Web Applications displayed on a Web browser) — that infringe one or more claims of U.S. Patent No. 7,930,340. Each Web application is a grain of sand in the ocean of IoT devices and infinite Web applications, all of which are Dr. Anmachalani’s inventions. ' .10 ' 1 with Apple on iPhone and iPad endpoint applications, as well as several new cloud services. SAP's goals are to make its applications more usable, enable its users to deliver faster results more easily, as well as connect to a broad range of its own and partners‘ services. For the Apple partnership, SAP plans to deliver the SAP Cloud Platform SDK for iOS on March 30.

The SDK is a set of tools for building SAP client applications for iPhone and iPad. The German enterprise software company is also offering SAP Academy for iOS for training for developers to build iOS apps. The iOS SDK fi‘0mSAP AG ...integrates with SAP's Fiori design langlage for building apps rapidly. The SAP_Acaderny for iOS will offer courses in Apple Inc.'s Swift programming language, and SAP's own tools to connect back end services...SAP has an Apple­

first strategy for mobile apps, Richard Knowles, SAP's general manager for its Apple partnership tells Light Reading. ..”The partnership with SAP is latest in a series of enterprise tie-ups for Apple.

The Californian company previously partnered with IBM Corp. and Deloitte Development

LLC. All three companies are also partnering with SAP -- IBM and Deloitte building SAP apps for iOS devices, while Cisco integrates its Fast Lane technology to allow enterprises to set priorities for SAP application data on iPh0nes and iPads. (See Have IBM & Apple Partnered Their

Way to Cloud Leadership_?,IBM. Apple Tie-Up Moving Into-Cloud and Apple & Cisco Plot an

Enter-priseFast Lane.)” “SAP announced it is adding new capabilities to the SAP Cloud Platform

(fonnerly known as the SAP HANA Cloud Platform. ..)” . _

17. “HANA is SAP's relational database technology that underlies its soflware and cloud services. The new extensions to Cloud Platfonn ...are designed to make it easy and fast to build new applications, expedite extension and integration of SAP apps, build Internet of Things services, big data applications, and enable machine learning and artificial intelligence applications

-- in other words, SAP is checking all the cloud application boxes. New capabilities include the

11 SAP API Business Hub, which is a catalog of APIs for SAP applications to provide additional capabilities, including the SAP S/4HANA Cloud enterprise management business suite, SAP

Mobile Service application, SAP Localization Hub and tax services.”

18. “The SAP Cloud Workflow service, is designed to connect business functions with a graphical interface, to create composite workflows for business processes across SAP and other vendors‘ services. For example, an enterprise might use Workflow to connect Salesforce to

SAP, Dan Lahl, VP of Product Marketing at SAP, told Light Reading. ...”

l9. “The new SAP Cloud Platform IoT service, in beta, with support for more than 40 device protocols, connects intelligent devices to the SAP Cloud Platfonr1IoT service, which the company calls Leonardo.” “And SAP Cloud Platform Big Data Services offers Hadoop in the cloud for big data applications. Big Data Services is based on SAP‘sacquisition of Altiscale last year”.

20. “The following is a list of 10 well-known companies -- listed in alphabetical order

-- that are shaping the present and future of the Internet of Things and making their mark on the

IoT landscape.” V - ‘

21. “Apple was ranked as "the most recognizable IoT brand" in an August

2015 ThroughTek study, capturing 48% of“ Proposed Respondents’ “attention. The consumer king has done its part with frameworks, most notably with its HomeKit and HealthKit, which were released in late 2014. HomeKit is a hardware certification platform and database system that helps developers create iOS apps that seamlessly connect smart homes. HealthKit is a software platform that collects and shares data from various health and fitness apps with Apple's Health app. The company's open source Researchliit fiamework was also released to help developers and researchers build medical-related apps.”

12 22. “Cisco CEO Chuck Robbins estimates 500 billion -- or more -- connected devices

will be in play by 2030, and his company is ready to help with the onslaught. The networking

giant, which coined the term "Internet of Everything," has been Workingon its portfolio of routers,

switches and more.”

23. “Google Inc. arrived at the forefront of the IoT revolution largely thanks to its 2014

$3.2 billion acquisition of IoT pioneer Nest, the company behind the Nest Learning Thermostat

and Nest Protect: Smoke + Carbon Monoxide alarm.‘The progressive tech company furthered its

IoT acquisitions with the purchase of Dropcam, a webcam and tracker company, and smart home

hub startup‘Revolv....”

24. "In May 2015, Google announced the Brillo platform, the "underlying operating

system for the Intemet of Things." The.Android-based dedicated OS for IoT devices supports .Wi­

Pi and Bluetooth Low Energy connectivity and "brings the simplicity and speed of software

development to hardware for IoT with an embedded OS, core services, developer kit and developer

console."

25. IBM, “the company famous for its Watson computer system has made its mark on

the IoT landscape largely through its Bluemix cloud PaaS. In October 2014, [BM announced that

as part of the Bluemix portfolio it would release its Internet of Things Foundation platform, a

service to help developers quickly and easily extend Intemet-connected devices to the cloud to not

only leverage data from, but also to "build an IoT application in just a few minutes." The platfonn has been updated regularly to add specialized services, such as IoT Cloud Open Platform for

Industries, IoT for Electronics and IoT for Automotive. IBM said it would expand its IoT

Ecosystem of partners to "ensure the secure and seamless integration of data services and solutions on IBM's open platform." “In addition to releasing appliances such as MessageSight for IoT

13 messaging and creating a community for developers called developerWorks Recipes, IBM

announced in March 2015 it would invest $3 billion to establish an IoT unit over the next four

years.” “IBM has also been a working force behind the lightweight messaging and connectivity

Messaging Queuing Telemetry Transport protocol, as well as node-RED, an interface for

programming IoT that focuseson how devices work together rather than how they talk to each

other.” "IBM has made a number of strategic moves to advance its IoT bid. IBM and

AT&T collaborated to deliver new innovations for C0l11'lCC1I€dcitiesin February 2014. ln.July

2014, IBM paired its big data analytics with Apple's consumerism and platform to create

MobileFirst for iOS applications, the first wave of which -- including Plan Flight and passengert

for travel and Case Advice and Incident Aware for govemment and transportation -- was released

in December 2014. The companies furthered their collaboration in April 2015 when they

announcedi]BM's Health Cloud and Watson would support data from Apple's ResearchKit and

Hea1thKit frameworks.” _ I

26._ "Following a collaboration to remove IoT protocol development barriers in

February 2015, IBM teamed with ARl\/Ionce again in September to enable out-of-the-box

connectivity between IBM's IoT Foundation and ARM mbed-enabled devices; any device

leveraging mbed OS could connect to the IoT Foundation service -andaccess Bluemix's cloud for

storage and data analysis.” .

27. “In October 2015, IBM announced an alliance with IoT platform company

Jasper to integrate the IoT Foundation with 's Control Center IoT service platform. IBM

also acquired The Weather Company's business-to-business, mobile and cloud-based Web properties in October, allowing IBM to add a plethora of data to its analytics platform.”

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