Complaint of Ericsson Inc., Telefonaktiebolaget Lm Ericsson, and Ericsson Ab Under Section 337 of the Tariff Act of 1930, As Amended

UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC

In the Matter of

CERTAIN ELECTRONIC DEVICES Investigation No. 337-TA-____ WITH WIRELESS CONNECTIVITY, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME

VERIFIED COMPLAINT OF ERICSSON INC., TELEFONAKTIEBOLAGET LM ERICSSON, AND ERICSSON AB UNDER SECTION 337 OF THE TARIFF ACT OF 1930, AS AMENDED

Complainants: Proposed Respondents:

Ericsson Inc. Samsung Electronics, Co. Ltd. 6300 Legacy Drive 129 Samsung-Ro, Maetan-3dong, Plano, TX 75024 Yoeongtong-Gu, Suwon, Gyeonggi, 16677 Telephone: (972) 583-0000 Republic of Korea

Telefonaktiebolaget LM Ericsson Samsung Electronics America, Inc. Torshamnsgatan 21 85 Challenger Road Kista, Stockholm, Sweden Ridgefield Park, NJ, 07660-2112 Telephone: 011 46 8 710 0000 Samsung Electronics Thai Nguyen Co. Ltd. Ericsson AB Yen Binh I Industrial Zone Torshammnsgartan 23 Đồng Tiến, Pho Yen District Kista, 16480 Stockholm, Sweden Thai Nguyen Province Telephone: 011 46 719 0000 Thai Nguyen 250000, Vietnam

Counsel for Complainants: Samsung Electronics Vietnam Co., Ltd. 1 Industrial Park, Commune Thomas L. Jarvis Yen Trung, Yen Phong District WINSTON & STRAWN LLP Bac Ninh Province 16000, Vietnam 1901 L Street, N.W. Washington, D.C. 20036 Samsung Electronics HCMC CE Complex, Telephone: (202) 282-5000 Co., Ltd. Facsimile: (202) 282-5100 Lot I-11, D2 Road, Saigon Hi-Tech Park, Tang Nhon Phu B Ward, District 9 (additional counsel on following page) Ho Chi Minh City 700000, Vietnam

Louis L. Campbell WINSTON & STRAWN LLP 275 Middlefield Road, Suite 205 Menlo Park, CA 94025 Telephone: (650) 858-6500 Facsimile: (650) 858-6550

Steven M. Anzalone Paul C. Goulet FISHERBROYLES, LLP 1200 G Street N.W., Suite 800 Washington, D.C. 20005 Telephone: (301) 968-0800

Michael M. Murray FISHERBROYLES, LLP 445 Park Avenue, Ninth Floor New York, NY 10022 Telephone: (203) 542-5711

TABLE OF CONTENTS

I. INTRODUCTION ...... 1

II. COMPLAINANTS ...... 3

III. PROPOSED RESPONDENTS ...... 4

IV. THE PRODUCTS AND TECHNOLOGY AT ISSUE ...... 7

V. THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS ...... 10

A. U.S. Patent No. 7,151,430...... 10

1. Identification and Ownership of the 7,151,430 Patent ...... 10

2. Non-Technical Description of the 7,151,430 Patent ...... 11

3. Foreign Counterparts ...... 11

4. Licenses...... 12

B. U.S. Patent No. 6,879,849...... 13

1. Identification and Ownership of the 6,879,849 Patent ...... 13

2. Non-Technical Description of the 6,879,849 Patent ...... 13

3. Foreign Counterparts ...... 14

4. Licenses...... 14

C. U.S. Patent No. 7,286,823...... 15

1. Identification and Ownership of the 7,286,823 Patent ...... 15

2. Non-Technical Description of the 7,286,823 Patent ...... 15

3. Foreign Counterparts ...... 16

4. Licenses...... 17

D. U.S. Patent No. 9,313,178...... 17

1. Identification and Ownership of the 9,313,178 Patent ...... 17

2. Non-Technical Description of the 9,313,178 Patent ...... 18

3. Foreign Counterparts ...... 18

4. Licenses...... 19

VI. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE ...... 19

VII. UNLAWFUL AND UNFAIR ACTS OF PROPOSED RESPONDENT— PATENT INFRINGEMENT ...... 22

A. Infringement of the 7,151,430 Patent ...... 22

B. Infringement of the 6,879,849 Patent ...... 23

C. Infringement of the 7,286,823 Patent ...... 25

D. Infringement of the 9,313,178 Patent ...... 26

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

IX. RELATED LITIGATION ...... 28

A. Litigation Related to the Asserted Patents ...... 28

B. Pertinent Litigation Between the Parties ...... 28

X. THE DOMESTIC INDUSTRY ...... 30

A. Ericsson’s Domestic Activities ...... 30

B. The Domestic Activities of Ericsson’s Licensees ...... 32

C. Ericsson’s Domestic Licensing Activities ...... 32

1. Licensing Activities ...... 32

2. Litigation Activities Related to Unwilling Licensees ...... 34

XI. RELIEF REQUESTED ...... 35

TABLE OF EXHIBITS

Public Exhibits

Exh. 1 Certified copy of U.S. Patent No. 7,151,430

Exh. 2 Uncertified copy of U.S. Patent No. 6,879,849

Exh. 3 Certified copy of U.S. Patent No. 7,286,823

Exh. 4 Uncertified copy of U.S. Patent No. 9,313,178

Exh. 5 Certified copy of recorded assignment(s) for U.S. Patent No. 7,151,430

Exh. 6 Uncertified copy of recorded assignment(s) for U.S. Patent No. 6,879,849

Exh. 7 Certified copy of recorded assignment(s) for U.S. Patent No. 7,286,823

Exh. 8 Uncertified copy of recorded assignment(s) for U.S. Patent No. 9,313,178

Exh. 9 Infringement Claim Chart – U.S. Patent No. 7,151,430

Exh. 10 Infringement Claim Chart – U.S. Patent No. 6,879,849

Exh. 11 Infringement Claim Chart – U.S. Patent No. 7,286,823 – Samsung Galaxy S20

Exh. 12 Infringement Claim Chart – U.S. Patent No. 9,313,178 – Samsung Galaxy S20

Exh. 13 Domestic Industry Claim Chart – U.S. Patent No. 7,151,430

Exh. 14 Domestic Industry Claim Chart – U.S. Patent No 6,879,849

Exh. 15 Domestic Industry Claim Chart – U.S. Patent No. 7,286,823 – Ericsson Licensee

Exh. 16 Domestic Industry Claim Chart – U.S. Patent No. 9,313,178 – Ericsson Licensee

Exh. 17 Infringement Claim Chart - U.S. Patent No. 9,313,178 – Samsung Smart TV

Exh. 18 Domestic Industry Claim Chart – U.S. Patent No. 7,286,823 – Ericsson Licensee Number 2

Exh. 19 Domestic Industry Claim Chart – U.S. Patent No. 9,313,178 – Ericsson Licensee Number 2

Exh. 20 Infringement Claim Chart – U.S. Patent No. 7,151,430 – Televisions with WiFi Connectivity

Exh. 21 Domestic Industry Chart – LG – BCM43455

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Exh. 22 Domestic Industry Chart – LG – BCM43596

Exh. 23 Samsung Website: Samsung Mobile Phones

Exh. 24.01 Pictures Taken of Samsung Galaxy S20+ 5G SM-G986U at Ericsson Laboratory

Exh. 24.02 Pictures Taken of Samsung Galaxy S20+ 5G SM-G986U by Sigma Connectivity AB

Exh. 24.03 iRunway Report

Exh. 24.04 X-Ray Images Taken of Samsung Galaxy S20+ 5G SM-G986U by Sigma Connectivity AB and Layered Picture Extracted by Ericsson Using Software

Exh. 24.05 Picture Taken of Ericsson Radio 2203 from Ericsson Datasheet

Exh. 24.06 Pictures Taken of ROA 128 5882/3 Printed Circuit Board from the Ericsson Radio 2203

Exh. 24.07 Qorvo RFFC5071A/2A Datasheet

Exh. 24.08 Microscopic Images Taken of the Qorvo RFFC5071A Device

Exh. 24.09 iFixit Teardown of iPhone 12 and iPhone 12 Pro with Enhanced Views

Exh. 24.10 Pictures Taken of LG G6 (LC-H870) w/ BCM43455 Device

Exh. 24.11 Pictures Taken of LG G6 (LC-H870) w/ BCM43596 Device

Exh. 24.12 Samsung Galaxy S20 5G Website

Exh. 24.13 Samsung Galaxy S20 5G Specs

Exh. 24.14 Android Developers Platform Architecture Website

Exh. 24.15 Android Developers Developer Guides Website

Exh. 24.16 Android Developers Package Installer Website

Exh. 24.17 Android Developers Application Security Website

Exh. 24.18 Get Android Apps and Digital Content from the Google Play Store Website

Exh. 24.19 Android Developers Runtime Website

Exh. 24.20 Android Developers Location Manager Website

Exh. 24.21 Android Developers Legacy Hals Website

Exh. 24.22 Android Open Source Project Architecture Website

Exh. 24.23 Coursera Overview of Layered Architectures Website

Exh. 24.24 Android Open Source Project Media Website

Exh. 24.25 Android Developers Android Content Website

Exh. 24.26 Android Developers Android.Content.pm Website

Exh. 24.27 Android Developers LauncherApps Website

Exh. 24.28 Android Developers PackageManager Website

Exh. 24.29 Android Developers Android Interface Definition Language (AIDL) Website

Exh. 24.30 Android Developers Services Website

Exh. 24.31 Android Developers HIDL Java Website

Exh. 24.32 Android Developers Application Fundamentals Website

Exh. 24.33 Android Open Source Project Audio Website

Exh. 24.34 Android Open Source Project Camera Website

Exh. 24.35 Android Open Source Project Graphics Website

Exh. 24.36 Android Open Source Project Secure an Android Device Website

Exh. 24.37 Android Developers Media App Architecture Overview Website

Exh. 24.38 Android Developers Android.Media Website

Exh. 24.39 Android Developers MediaCodec Website

Exh. 24.40 Android Developers MediaPlayer Website

Exh. 24.41 Android Developers MediaPlayer Overview Website

Exh. 24.42 Android Open Source Project Develop an Android Device Website

Exh. 24.43 Android Open Source Project Application Sandbox Website

Exh. 24.49 LG G6X ThinQ AT&T Website

Exh. 24.51 Android Architecture Programmer Sought Website

Exh. 24.52 Android Developers Introduction to Android Website

Exh. 24.53 Android Developers MediaCodecList Website

Exh. 24.54 Android Open Source Project Camera Version Support Website

Exh. 24.55 Android Developers Defining a Custom App Permission Website

Exh. 24.56 LG G6 LRA Website

Exh. 24.57 Apple iPhone 12 Website

Exh. 24.58 Apple Developer Survey the Major Frameworks Website

Exh. 24.59 iOS Technology Overview

Exh. 24.60 Apple Developer UIKit Website

Exh. 24.61 Apple Developer Core Media Website

Exh. 24.62 Apple Developer Media Player Website

Exh. 24.63 Apple Developer AV Foundation Website

Exh. 24.64 Apple Developer AVPlayer Website

Exh. 24.65 Apple Developer Audio Playback, Recording, and Processing Website

Exh. 24.66 WWDC 2017 Session 501 – What’s New in Audio Website

Exh. 24.67 Apple Developer Core Audio Overview What Is Core Audio Website

Exh. 24.68 Apple Developer Core Audio Overview Introduction Website

Exh. 24.69 Apple Developer Core Audio Essentials Website

Exh. 24.70 Apple WWDC 2019 What’s New in AVAudioEngine Video Website

Exh. 24.71 Apple Developer AVAudioEngine Website

Exh. 24.72 Apple Developer Core Audio Website

Exh. 24.73 (Exhibit Not Used)

Exh. 24.74 Apple Developer Cameras Website

Exh. 24.75 Apple Developer Cameras and Media Capture Website

Exh. 24.76 Apple Developer AVCaptureDevice Website

Exh. 24.77 Apple Developer About Core Animation Website

Exh. 24.78 Apple Developer Core Graphics Website

Exh. 24.79 Apple Developer Graphics Processors Website

Exh. 24.80 Apple Developer Metal Website

Exh. 24.81 Apple Developer Displays Website

Exh. 24.82 Apple Developer Core Bluetooth Website

Exh. 24.83 Apple Developer Network Extension Website

Exh. 24.84 Apple Developer Core Telephony Website

Exh. 24.85 Apple Developer CF Network Website

Exh. 24.86 Apple Developer Sensor Kit Website

Exh. 24.87 Apple Developer Core Motion Website

Exh. 24.88 Apple Developer What’s New in Core Location Video Website

Exh. 24.89 Apple Developer Core Location Website

Exh. 24.90 Apple Developer Adding Location Services to Your Application Website

Exh. 24.91 Apple Developer Speech Website

Exh. 24.92 Apple Developer Recognizing Speech in Live Audio Website

Exh. 24.93 Apple Developer SFSpeechAudioBufferRecognitionRequest Website

Exh. 24.94 Apple Developer AVAudioPlayer Website

Exh. 24.95 Apple Developer Speech Synthesis Website

Exh. 24.96 Apple Developer AVSpeechSynthesizer Website

Exh. 24.97 Apple Developer Media Assets and Metadata Website

Exh. 24.98 Apple WWDC 2019 Introducing Core Haptics Video Website

Exh. 24.99 Apple Developer Introducing Core Haptics Website

Exh. 24.100 Apple Developer AVVideoCodecKey Website

Exh. 24.101 Apple Developer CMFormatDescription.MediaSubType Website

Exh. 24.102 Apple Developer AVVideoCodecType Website

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Exh. 24.103 Apple Developer Develop Website

Exh. 24.104 Apple Developer AVFoundation Website

Exh. 24.105 Apple Developer Submit Your iOS and iPadOS Apps to the App Store Website

Exh. 24.106 Apple Developer Submit Your iPhone Apps to the App Store Website

Exh. 24.107 Apple Developer UIApplicationDelegate Website

Exh. 24.108 Apple Developer About the App Launch Sequence Website

Exh. 24.109 Apple App Store Website

Exh. 24.110 GSMArena Galaxy S20 Ultra 5G Website

Exh. 24.111 Screenshots from DRM Info App

Exh. 24.112 Getting Started Widevine DRM on Devices version 1.5

Exh. 24.113 Widevine Modular DRM Key Rotation version 1.0

Exh. 24.114 Widevine DRM Architecture Overview

Exh. 24.117 Samsung Smart TV Specifications

Exh. 24.118 Apple iPhone 12 Specifications Website

Exh. 24.119 Netflix on the App Store Website

Exh. 24.120 Netflix How Netflix Protects Its Contents – Part 1 Website

Exh. 24.121 Apple Developer HTTP Live Streaming Website

Exh. 24.122 HTTP Live Streaming Draft-pantos-http-live-streaming-23

Exh. 24.123 (Exhibit Not Used)

Exh. 24.124 Apple Developer HLS_Sample_Encryption Introduction Website

Exh. 24.125 Apple Developer HLS_Sample_Encryption Overview Website

Exh. 24.126 WWDC 2017 Advances in HTTP Live Streaming Session 504

Exh. 24.127 Apple Developer Forums FairPlay Streaming

Exh. 24.128 Apple Developer FairPlay Streaming Website

Exh. 24.129 WWDC 2015 Content Protection for HTTP Live Streaming Video Website

viii

Exh. 24.130 WWDC 2015 Content Protection for HTTP Live Streaming

Exh. 24.131 Apple Developer Studio DRM Policy Configuration Website

Exh. 24.132 Apple Developer Understanding the HTTP Live Streaming Architecture Website

Exh. 24.133 Apple Developer Example Playlists for HTTP Live Streaming Website

Exh. 24.134 IETF RFC 8216: HTTP Live Streaming

Exh. 24.135 Apple Developer AVContentKeySession Best Practices Video Website

Exh. 24.136 Apple Developer About the Common Media Application Format with HTTP Live Streaming Website

Exh. 24.137 Apple Developer Providing Metadata for xHE-AAC Video Soundtracks Website

Exh. 24.138 Apple Developer Incorporating Ads into a Playlist Website

Exh. 24.139 Apple Developer Adding Alternate Media to a Playlist Website

Exh. 24.140 Apple Developer Technical Note TN2454: Debugging FairPlay Streaming

Exh. 24.141 Apple TV 4K – Technical Specifications

Exh. 24.142 Apple TV App Website

Exh. 24.143 Lab Photo Samsung TV

Exh. 24.144 BCM43455 – Broadcom Preliminary Data Sheet

Exh. 24.145 Lab Images of BCM43455

Exh. 24.146 Lab Images of BCM43596

Exh. 24.147 Samsung QN32Q50RAFXZA Parts & Accessories

Exh. 24.148 User Manual WCT730M

Exh. 24.149 WCT730M Internal Photos

Exh. 24.150 User Manual WCP730M

Exh. 24.151 WCP730M Internal Photos

Exh. 24.152 MT7668 Layout with Inductors

Exh. 25 Samsung Website: Samsung Tablet Computers with Wireless Connectivity

Exh. 26 Samsung Website: Samsung Televisions with WiFi Connectivity

Exh. 28 Samsung Website

Exh. 29 Samsung Website – Locations

Exh. 30 ZDNet Article

Exh. 31 (Exhibit Not Used)

Exh. 32 Samsung Galaxy S20+ Purchase Receipt

Exh. 33 Samsung Galaxy S20+ Source of Origin Designation

Exh. 34 Samsung Galaxy S20+ Packaging Photographs

Exh. 35 Samsung Galaxy S20+ Product Photographs

Exh. 36 Samsung Galaxy Tab S7 Purchase Receipt

Exh. 37 Samsung Galaxy Tab S7 Source of Origin Designation

Exh. 38 Samsung Galaxy Tab S7 Packaging Photographs

Exh. 39 Samsung Galaxy Tab S7 Product Photographs

Exh. 40 Samsung 32Q50 Smart TV Purchase Receipt

Exh. 41 Samsung 32Q50 Smart TV Source of Origin Designation

Exh. 42 Samsung 32Q50 Smart TV Packaging Photographs

Exh. 43 Samsung 32Q50 Smart TV Product Photographs

Exh. 45 Domestic Industry Investments of Ericsson Licensee, Number 2

Exh. 51 Public Version of License Agreement

Exh. 52 Apple 2020 Form 10-K for the Fiscal Year Ended September 26, 2020

Exh. 53 Apple Park: The $5 Billion Headquarters

Exh. 54 Apple Website: Two Million U.S. Jobs and Counting

Exh. 55 Apple Press Release: Apple Accelerates US Investment and Job Creation

Exh. 56 Ericsson Licensee License Agreement

Confidential Exhibits

Confidential Exh. 24.44C Ericsson Licensee Platform Website

Confidential Exh. 24.45C Ericsson Licensee Website

Confidential Exh. 24.46C Cable App Website

Confidential Exh. 24.47C Cable App Viewing Options Website

Confidential Exh. 24.48C Cable App Installation Website

Confidential Exh. 24.50C Cable App Google Play Website

Confidential Exh. 24.115C Ericsson Licensee Product Website

Confidential Exh. 24.116C Ericsson Licensee Product Datasheet

Confidential Exh. 27C Identification of Licensees

Confidential Exh. 44C Declaration of Paul Challoner

Confidential Exh. 46C Domestic Industry Investments of Ericsson Licensee, Number 1

Confidential Exh. 47C Domestic Industry Claim Chart – U.S. Patent No. 9,313,178

Confidential Exh. 48C Domestic Industry Claim Chart – U.S. Patent No. 7,286,823

Confidential Exh. 49C Declaration of Roy Maharaj

Confidential Exh. 50C Ericsson Licensee Website

APPENDICES

App. A Copy of the certified prosecution history of U.S. Patent No. 7,151,430

App. B Copy of the uncertified prosecution history of U.S. Patent No. 6,879,849

App. C Copy of the certified prosecution history of U.S. Patent No. 7,286,823

App. D Copy of the uncertified prosecution history of U.S. Patent No. 9,313,178

App. E Copy of each technical reference identified in the prosecution history of U.S. Patent No. 7,151,430

App. F Copy of each technical reference identified in the prosecution history of U.S. Patent No. 6,879,849

App. G Copy of each technical reference identified in the prosecution history of U.S. Patent No. 7,286,823

App. H Copy of each technical reference identified in the prosecution history of U.S. Patent No. 9,313,178

xii

I. INTRODUCTION

1. Complainants Ericsson Inc., Telefonaktiebolaget LM Ericsson, and Ericsson AB

(collectively, “Ericsson” or “Complainants”) request that the United States International Trade

Commission commence an investigation pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, based on the unlawful importation into the United States, the sale for importation, and the sale within the United States after importation, of certain electronic devices with wireless connectivity, namely smartphones, tablet computers, and televisions (collectively,

“the Accused Products”), that directly or indirectly infringe one or more of the following claims of U.S. Patent Nos. 7,151,430 (the “’430 patent”); 6,879,849 (the “’849 patent”); 7,286,823 (the

“’823 patent”); and/or 9,313,178 (the “’178 patent”) (collectively, “the Asserted Patents”):

Asserted Patent Asserted Claims U.S. Patent No. 7,151,430 1-3, 6-8, 11, 13, 16-18, and 20-21 U.S. Patent No. 6,879,849 1-2, 12-14 U.S. Patent No. 7,286,823 8-20 U.S. Patent No. 9,313,178 1-4, 7-10, 16-19

2. Certified copies of the ’430 and ’823 patents and uncertified copies of the ’849 and

’178 patents are attached as Exhibit Nos. 1-4. See Exhs. 1-4. Complainants collectively own all

right, title, and interest in each of the Asserted Patents. Certified and uncertified copies of the

recorded assignments for each of the Asserted Patents are attached as Exhibit Nos. 5-8. See Exhs.

5-8. Certified copies of the prosecution histories of the ’430 and ’823 patents and uncertified

copies of the prosecution histories of the ’849 and ’178 patents are attached as Appendices Nos.

A-D.1 See App. A-D.

1 Certified copies of the ’849 and ’178 patents, their prosecution histories, and their recorded assignments have been ordered from the U.S. Patent and Trademark Office and will be submitted as a supplementation upon receipt. The uncertified copy the ’849 file history is the copy of the file history available to complainant on the USPTO’s Private PAIR website. Complainant believes it may be incomplete, but it is the most complete version currently available to Complainant.

3. The Proposed Respondents are Samsung Electronics Co., Ltd., Samsung

Electronics America, Inc., Samsung Electronics Vietnam Co. Ltd., Samsung Electronics Vietnam

Thai Nguyen Co. Ltd., and Samsung Electronics HCMC CE Complex, Co., Ltd. (collectively,

“Samsung”). The accused Samsung products are electronic devices with wireless connectivity,

including smartphones, tablet computers, and televisions, manufactured by or on behalf of

Samsung (“Accused Products”). The Accused Products include but are not limited to Samsung’s

Galaxy S20 5G, Galaxy S20+ 5G, Galaxy S20 Ultra 5G, Galaxy S10 series, Galaxy S7 series,

Galaxy S5 series, Galaxy Z Fold2 5G, and Galaxy Fold 512GB mobile phones; Samsung’s Galaxy

Tab S7, Galaxy Tab S7+, Galaxy Tab S6, Galaxy Tab S6 Lite, Galaxy Tab S5e, Galaxy Tab S4,

Galaxy Tab A7 10.4, Galaxy Tab A 8.4, Galaxy Tab A 8.0 Kids Edition, Galaxy Tab A 8.0, Galaxy

Tab A 10.1, and Galaxy Tab A 8.0 tablet computers with wireless connectivity; and Samsung’s

The Frame, The Terrace, Q70T, Q80T, Q90T, Q800T, Q900TS, Q900, 32Q50, Q60T, The Sero,

The Serif, TU7000, TU8000, TU8300, RU9000, Q50R, N5300, Q950TS, and TU6950 smart televisions. On information and belief, the Accused Products are manufactured and/or assembled abroad by or on behalf of Samsung. The Accused Products are then sold for importation into the

United States, or imported into the United States, or sold within the United States after importation by or on behalf of Samsung.

4. As required by 19 U.S.C. §§ 1337(a)(2) and (3), an industry in the United States relating to articles protected by the Asserted Patents exists.

5. Ericsson seeks a permanent limited exclusion order barring from entry into the

United States all infringing Accused Products. Ericsson also seeks a cease and desist order directed to Samsung prohibiting its sale for importation, importation, sale after importation, use, offer for sale, sale, distribution, advertising, testing, repair, technical support, or any other commercial

activity related to infringing Accused Products. And Ericsson seeks a bond covering any

importations of infringing products during the Presidential review period.

II. COMPLAINANTS

6. Complainants are Ericsson, Inc., Telefonaktiebolaget LM Ericsson, and Ericsson

AB (collectively, “Ericsson”).

7. Ericsson Inc. is a corporation organized and existing under the laws of the State of

Delaware, having its principal place of business at 6300 Legacy Drive, Plano, Texas 75024.

8. Telefonaktiebolaget LM Ericsson (“LM Ericsson”) is a corporation organized and existing under the laws of Sweden, having its principal place of business at Torshamnsgatan 21,

Kista, Stockholm, Sweden.

9. Ericsson AB is a corporation organized and existing under the laws of Sweden,

having its principal place of business at Torshamnsgatan 23, Kista, Stockholm, Sweden.

10. Ericsson is one of the world’s largest suppliers of telecommunications network

equipment and related services to telecom operators. Ericsson has over 100,000 employees and

customers in more than 180 countries. Ericsson employs approximately 10,000 people in North

America, including a substantial number of employees in the United States.

11. Ericsson has a long history of innovative technical contributions, including the

patents-at-issue in this lawsuit. In addition, some of Ericsson’s other accomplishments include:

• In 1878, Ericsson sold its first telephone; • In 1977, Ericsson introduced the world’s first digital telephone exchange; • In 1981, Ericsson introduced its first mobile telephone system, NMT; • In 1991, Ericsson launched 2G mobile phones and the world’s first 2G wireless network; • In 1994, Ericsson invented the Bluetooth wireless standard; • In 2001, Ericsson made the world’s first 3G wireless call for Vodafone in the UK; • In 2009, Ericsson started the world’s first 4G wireless network and made the first 4G call;

• In 2010, Ericsson equipment was serving over two billion mobile subscribers; • In 2013, Ericsson was serving more than 500 operator customers in more than 180 countries; • In 2014, the European Patent Office selected a group of Ericsson inventors as finalists for the European Inventor Award, based on their decisive role in the invention of LTE; • In 2015, former Ericsson engineer Jaap Haartsen was inducted into the National Inventors Hall of Fame for laying the foundations for Bluetooth Wireless Technology; and • Currently, Ericsson has more than 75 live 5G networks around the globe.

12. Ericsson researches, develops, engineers, manufactures, and operates telecommunications products. Ericsson is widely viewed as one of the leading innovators in the field of cellular communications. Due to the work of approximately 25,000 Ericsson research and development (“R&D”) employees, Ericsson’s inventions are a valuable part of the fundamental technology that seamlessly connects phones, smartphones, and other mobile devices using cellular networks worldwide and provides increased performance and new features for the benefit of consumers. As a result of its extensive R&D efforts, Ericsson holds more than 54,000 granted patents worldwide.

13. Ericsson also leads the way in deployment of wireless cellular networks. Ericsson has commercial agreements or contracts with many different network operators of 4G LTE networks around the world and 117 commercial agreements or contracts with cellular operators for 5G networks.

III. PROPOSED RESPONDENTS

14. The proposed respondents are Samsung Electronics Co., Ltd., Samsung Electronics

America, Inc., Samsung Electronics Vietnam Co. Ltd., Samsung Electronics Vietnam Thai

Nguyen Co. Ltd., and Samsung Electronics HCMC CE Complex, Co., Ltd. (collectively,

“Samsung”).

15. On information and belief, Samsung Electronics, Co. Ltd. (“SEC”) is a corporation

organized under the laws of the Republic of Korea with its principal place of business at 129

Samsung-Ro, Maetan-3dong, Yoeongtong-Gu, Suwon, Gyeonggi, 16677, Republic of Korea. On information and belief, SEC is a global electronics firm comprised of about 242 subsidiaries that design, produce, and sell electronic products that include smartphones, tablet computers, and televisions at issue that are manufactured abroad, sold for importation, imported into the United

States, and sold after importation.

16. On information and belief, Samsung Electronics America., Inc. (“SEA”) is a corporation organized under the laws of the State of New York with a principal place of business at 85 Challenger Road, Ridgefield Park, New Jersey, 07660-2112. On information and belief,

SEA and/or its subsidiaries or affiliates is engaged in testing, marketing, distribution, importation, sale for importation, and/or sale within the United States after importation of mobile phones, tablet computers, and televisions at issue that are manufactured abroad and imported into the United

States. On information and belief, SEA is a direct or indirect subsidiary of SEC.

17. On information and belief, Samsung Electronics Vietnam Thai Nguyen Co., Ltd.

(“SEVT”) is a corporation organized under the law of Vietnam with its principal place of business at Yen Binh I Industrial Zone, Đồng Tiến, Pho Yen District, Thai Nguyen Province, Thai Nguyen

250000, Vietnam. On information and belief, SEVT is engaged in the manufacture of mobile phones and/or tablet computers at issue that are manufactured abroad and imported into the United

States. On information and belief, SEVT is a direct or indirect subsidiary of SEC.

18. On information and belief, Samsung Electronics Vietnam Co. Ltd. (“SEV”) is a corporation organized under the law of Vietnam with its principal place of business at 1 Industrial

Park, Commune Yen Trung, Yen Phong District, Bac Ninh Province 16000, Vietnam. On

information and belief, SEV is engaged in the manufacture of mobile phones and/or tablet computers at issue that are manufactured abroad and imported into the United States. On information and belief, SEA is a direct or indirect subsidiary of SEC.

19. On information and belief, Samsung Electronics HCMC CE Complex, Co., Ltd.

(“SEHC”), is a corporation organized under the law of Vietnam with a principal place of business at Lot I-11, D2 Road, Saigon Hi-Tech Park, Tang Nhon Phu B Ward, District 9, Ho Chi Minh

City, 700000, Vietnam. On information and belief, SEHC is engaged in the manufacture of smart televisions with wireless connectivity that are manufactured abroad and imported into the United

States. On information and belief, SEHC is a direct or indirect subsidiary of SEC.

20. On information and belief, Samsung and its affiliates design, develop, manufacture, import, test, inventory, and sell after importation the Accused Products, which include, inter alia, the following mobile phones: Samsung’s Galaxy S20 5G, Galaxy S20+ 5G, Galaxy S20 Ultra 5G,

Galaxy S10 series, Galaxy S7 series, Galaxy S5 series, Galaxy Z Fold2 5G, and Galaxy Fold

512GB mobile phones. See Exh. 23. Samsung sells accused mobile phones directly to consumers located in the United States. See id.

21. On information and belief, Samsung and its affiliates design, develop, manufacture, import, test, inventory, and sell after importation the Accused Products, which include, inter alia, the following tablet computers with wireless connectivity: the Samsung Galaxy Tab S7, Galaxy

Tab S7+, Galaxy Tab S6, Galaxy Tab S6 Lite, Galaxy Tab S5e, Galaxy TabS4, Galaxy Tab A7

10.4, Galaxy Tab A 8.4, Galaxy Tab A 8.0 Kids Edition, Galaxy Tab A 8.0, Galaxy Tab A 10.1, and Galaxy Tab A 8.0 tablet computers with wireless connectivity. See Exh. 25. Samsung sells accused table computers with network connectivity directly to consumers located in the United

States. See id.

22. On information and belief, Samsung and its affiliates design, develop, manufacture,

import, test, inventory, and sell after importation the Accused Products, which include, inter alia,

the following televisions with wireless connectivity: Samsung’s The Frame, The Terrace, Q70T,

Q80T, Q90T, Q800T, Q900TS, Q900, 32Q50, Q60T, The Sero, The Serif, TU7000, TU8000,

TU8300, RU9000, Q50R, N5300, Q950TS, and TU6950 smart televisions. See Exh. 26. Samsung

sells accused televisions with wireless connectivity directly to consumers located in the United

States. See id.

23. On information and belief, Samsung also sells the Accused Products within the

United States through major retail outlets such as Best Buy, Target, Wal-Mart, Verizon, AT&T,

T-Mobile, U.S. Cellular, Amazon, Cricket Wireless, Boost Mobile, MetroPCS, Virgin Mobile, and

numerous other online stores and resellers. Samsung also performs several services to support the

importation and sale of the Accused Products into and within the United States, including

marketing the Accused Products, developing and distributing software, repairing the Accused

Products, and other after-sale services, such as supporting and configuring the Accused Products,

as well as providing technical support to U.S.-based customers and distributors to conform the

Accused Products to purchaser requests.

IV. THE PRODUCTS AND TECHNOLOGY AT ISSUE2

24. Pursuant to Commission Rule 210.12(a)(12), the Accused Products are certain

electronic devices with wireless connectivity, including mobile phones, tablet computers, and

smart televisions. The Accused Products include but are not limited to Samsung’s Galaxy S20

5G, Galaxy S20+ 5G, Galaxy S20 Ultra 5G, Galaxy S10 series, Galaxy S7 series, Galaxy S5 series,

2 The description of the technology at issue is provided for purposes of general information and understanding and is not meant to be a position with respect to claim construction and/or other technical aspects of patent law.

Galaxy Z Fold2 5G, and Galaxy Fold 512GB mobile phones; Samsung’s Galaxy Tab S7, Galaxy

Tab S7+, Galaxy Tab S6, Galaxy Tab S6 Lite, Galaxy Tab S5e, Galaxy Tab S4, Galaxy Tab A7

10.4, Galaxy Tab A 8.4, Galaxy Tab A 8.0 Kids Edition, Galaxy Tab A 8.0, Galaxy Tab A 10.1,

and Galaxy Tab A 8.0 tablet computers with wireless connectivity; and Samsung’s The Frame,

The Terrace, Q70T, Q80T, Q90T, Q800T, Q900TS, Q900, 32Q50, Q60T, The Sero, The Serif,

TU7000, TU8000, TU8300, RU9000, Q50R, N5300, Q950TS, and TU6950 smart televisions.

25. The ’430 patent relates to inductors implemented within a semiconductor chip. The

’430 patent utilizes an inductor design that is symmetrical about at least one axis and containing

at least one pair of loops (e.g., a figure-eight shape) arranged so that the magnetic fields emanating from each of the loops tend to cancel each other out. As a result of this configuration, there is a reduced electromagnetic field at a certain distance from the inductor, thereby lowering the electromagnetic coupling between this inductor and other circuit components on the same chip.

The ’430 patent is particularly useful when implementing an RF transceiver with voltage- controlled oscillators on a single chip, which typically requires multiple inductors. The design of the ’430 patent reduces the amount of undesired coupling with the inductor, which may result in spurious receiver responses and unwanted frequencies in the transmit spectrum.

26. The ’849 patent relates to an antenna built into a mobile communication device.

The ’849 patent utilizes an antenna design that allows the antenna to be enclosed entirely within the case of a mobile phone. The antenna is formed of an antenna pattern and a ground plane that are both located within the case. To reduce losses in transmission or reception of radio signals, the ’849 patent utilizes an antenna pattern that is etched on the planar surface of a circuit board that also contains electronic communication components for the antenna. A ground plane is supported by a structure that places it in a spaced-apart parallel relationship with the antenna

pattern. The resulting antenna takes up limited space within the mobile device, is easier to manufacture, and benefits from a less costly and more effective connection between the antenna pattern and other RF components on the printed circuit board.

27. The ’823 patent relates to installing and running multimedia application software on a mobile terminal for a wireless telecommunications system. The ’823 patent seeks to enable mobile terminals, which are resource-scarce environments limited in memory and storage, to adapt to rapid changes in market demands and to satisfy the diverse requirements of various users by

enabling a middleware layer with a secure interface for installing, loading, and running multimedia applications. For example, the ’823 patent allows subsequently-installed software to access a

multimedia engine of the device via an interface that grants access to at least the software

components of the multimedia engine. Previously, mobile terminals were not able to quickly adapt

to rapid changes in market demands or to satisfy the diverse requirements of various users due to

their limited resources and difficulties in rolling out new and/or updated software.

28. The ’178 Patent relates to “over-the-top” (i.e., over the Internet) streaming of content, such as video content, with enhanced security. A client device that streams content typically obtains an encryption key to decrypt and present the content to a user. The use of a single encryption key for content with a long or uncertain duration increases the probability that the key may be compromised. To solve this problem, the ’178 Patent teaches a system and method for the secure distribution of content that utilizes a series of encryption keys for each of a plurality of periods of use of the content. The client will retrieve, from a license server, encryption keys and encryption key expiration times. Before a currently used encryption key expires, the client will retrieve, from the license server, the encryption key for the next time period. In this manner,

content is smoothly retrieved and presented to a user by the client device, while the encryption

keys may be varied during the presentation of the content.

V. THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS3

A. U.S. Patent No. 7,151,430

1. Identification and Ownership of the 7,151,430 Patent

29. The ’430 patent, titled “Method of and Inductor Layout for Reduced VCO

Coupling,” issued on December 19, 2006 to inventor Thomas Mattsson. See Exh. 1. The ’430

patent issued from Application No. 10/919,130, filed on August 16, 2004. Id.

30. The ’430 patent has three independent claims and 18 dependent claims. See Exh.

9. Ericsson is asserting infringement of claims 1-3, 6, 11, 13, 16-18, 20, and 21 of the ’430 patent in this Investigation. See id. Further investigation and discovery may lead to the assertion of additional claims.

31. The Asserted Claims of the ’430 patent are valid, enforceable, and currently in full force and effect until the expiration of the ’430 patent on February 2, 2025. Ericsson owns by assignment the entire right, title, and interest in and to the ’430 patent. See Exh. 5, ’430 Patent

Assignment.

32. Pursuant to Commission Rule 210.12(c)(1), this Complaint is accompanied by a copy of the prosecution history of the ’430 patent. App. A. Pursuant to Commission Rule

210.12(c)(2), this Complaint is also accompanied by a copy of each technical reference identified in the prosecution history of the ’430 patent. App. E.

3 No part of this Complaint, including any sections herein or Exhibit hereto, construes, or is intended to construe, the specification, file history, or claims of any of the Asserted Patents.

2. Non-Technical Description of the 7,151,430 Patent

33. The ’430 patent relates to inductors implemented within a semiconductor chip. The

’430 patent utilizes an inductor design that is symmetrical about at least one axis and containing

3. Foreign Counterparts

34. The foreign patents and patent applications that claim priority to the ’430 patent or that share a priority claim to one or more of the same applications as the ’430 patent are:

U.S. Patent No. 7,151,430 Application Application Status Publication/ Publication or Country Date Number Issue Date Patent No. 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 AT 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 BE 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 CH 12/31/2014 14172888.1 GRANTED 8/14/2019 2819131 CH ZL2005800142 2/15/2005 20058014256.7 GRANTED 6/13/2012 56.7 CN 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 CZ 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 DE 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 DE 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 DK 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 EE 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 EP 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 EP 2/15/2005 19183992.7 PUBLISHED 11/13/2019 3567614 EP 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 ES

U.S. Patent No. 7,151,430 Application Application Status Publication/ Publication or Country Date Number Issue Date Patent No. 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 FI 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 FR 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 FR 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 GB 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 GB 10/15/2007 07111096.3 GRANTED 4/5/2013 HK1106062 HK 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 HU 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 IE 2093/MUMNP/ 9/3/2012 2012 GRANTED 8/19/2020 344496 IN 1173/MUMNP/ 2/15/2005 2006 GRANTED 11/30/2012 254652 IN 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 IT 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 IT 2/15/2005 2007-501145 PUBLISHED 9/13/2007 2007526642 JP 3/25/2013 10-2013-7007566 PUBLISHED 4/26/2013 1020130042645 KR 9/27/2012 10-2012-7025521 GRANTED 8/13/2013 10-1298288 KR 2/15/2005 10-2006-7020659 PUBLISHED 12/19/2006 1020060130711 KR 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 NL 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 NL 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 PL 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 PL 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 PT 2/15/2005 05715341.3 GRANTED 7/23/2014 1721324 SE 2/15/2005 14172888.1 GRANTED 8/14/2019 2819131 SE PCT/EP05/ 2/15/2005 001515 PUBLISHED 10/13/2005 2005/096328 WO

35. On information and belief, Ericsson knows of no other foreign applications or patents corresponding to the ’430 patent have been filed, abandoned, or rejected.

4. Licenses

36. As required under Commission Rule 210.12(a)(9)(iii), a list of currently-licensed entities is attached to this Complaint. See Confidential Exh. 27C. In addition, Ericsson has or will seek consent, cotemporaneous with the filing of this Complaint, to identify additional license(s) the existence of which may be subject to non-disclosure requirements. Apart from the license(s)

subject to non-disclosure requirements, on information and belief, there are no other currently identified licenses involving the ’430 patent. Samsung was formerly licensed to this patent.

B. U.S. Patent No. 6,879,849

1. Identification and Ownership of the 6,879,849 Patent

37. The ’849 patent, titled “In-Built Antenna for Mobile Communication Device,” issued on April 12, 2005 to inventor Stjepan Begic. See Exh. 2. The ’849 patent issued from

Application No. 10/081,013, filed on Feb. 21, 2002. Id.

38. The ’849 patent has two independent claims and 18 dependent claims. See Exh.

10. Ericsson is asserting infringement of claims 1-2, and 12-14 of the ’849 patent in this

Investigation. See id. Further investigation and discovery may lead to the assertion of additional claims.

39. The Asserted Claims of the ’849 patent are valid, enforceable, and currently in full force and effect until the expiration of the ’849 patent on August 21, 2024. Ericsson owns by assignment the entire right, title, and interest in and to the ’849 patent. See Exh. 6, ’849 Patent

Assignment.

40. Pursuant to Commission Rule 210.12(c)(1), this Complaint is accompanied by a copy of the prosecution history of the ’849 patent. App. B. Pursuant to Commission Rule

210.12(c)(2), this Complaint is also accompanied by a copy of each technical reference identified

in the prosecution history of the ’849 patent. App. F.

2. Non-Technical Description of the 6,879,849 Patent

41. The ’849 patent relates to an antenna built into a mobile communication device.

The ’849 patent utilizes an antenna design that allows the antenna to be enclosed entirely within

the case of a mobile phone. The antenna is formed of an antenna pattern and a ground plane that

are both located within the case. To reduce losses in transmission or reception of radio signals,

the ’849 patent utilizes an antenna pattern that is etched on the planar surface of a circuit board that also contains electronic communication components for the antenna. A ground plane is supported by a structure that places it in a spaced-apart parallel relationship with the antenna pattern. The resulting antenna takes up limited space within the mobile device, is easier to manufacture, and benefits from a less costly and more effective connection between the antenna pattern and other RF components on the printed circuit board.

3. Foreign Counterparts

42. The foreign patents and patent applications that claim priority to the ’849 patent are:

U.S. Patent No. 6,879,849 Application Application Status Publication/ Publication Country Date Number Issue Date or Patent No. 2/18/2003 20030704643 PUBLISHED 7/15/2005 298137 AT 2/18/2003 2003206917 PUBLISHED 9/09/2003 2003206917 AU 2/18/2003 60300863.1 PUBLISHED 12/22/2005 60300863 DE 2/18/2003 03704643.0 GRANTED 6/15/2005 1476918 EP 2/18/2003 20033570422 PUBLISHED 6/23/2005 2005518695 JP 2/18/2003 PCT/EP03/01611 PUBLISHED 8/28/2003 03/071629 WO

43. On information and belief, no other foreign applications or patents corresponding to the ’849 patent have been filed, abandoned, or rejected.

4. Licenses

44. As required under Commission Rule 210.12(a)(9)(iii), a list of currently-licensed entities is attached to this Complaint. See Confidential Exh. 27C. In addition, Ericsson has or will seek consent, cotemporaneous with the filing of this Complaint, to identify additional license(s) the existence of which may be subject to non-disclosure requirements. Apart from the license(s) subject to non-disclosure requirements, on information and belief, there are no other currently identified licenses involving the ’849 patent. Samsung was formerly licensed to this patent.

C. U.S. Patent No. 7,286,823

1. Identification and Ownership of the 7,286,823 Patent

45. The ’823 patent, titled “Mobile Multimedia Engine,” issued on October 23, 2007

to inventors Mikael Reinholdsson, Erik Ledfelt, and Johan Svenér. See Exh. 3. The ’823 patent issued from Application No. 10/359,910, filed on February 7, 2003. Id.

46. The ’823 patent has 4 independent claims and 16 dependent claims. See Exh. 11.

Ericsson is asserting claims 8-20 of the ’823 patent in this Investigation. See id. Further investigation and discovery may lead to the assertion of additional claims.

47. The Asserted Claims of the ’823 patent are valid, enforceable, and currently in full force and effect until the expiration of the ’823 patent on April 17, 2024. Ericsson owns by

assignment the entire right, title, and interest in and to the ’823 patent. See Exh. 7, ’823 Patent

Assignment.

48. Pursuant to Commission Rule 210.12(c)(1), this Complaint is accompanied by a

copy of the prosecution history of the ’823 patent. App. C. Pursuant to Commission Rule

210.12(c)(2), this Complaint is also accompanied by a copy of each technical reference identified

in the prosecution history of the ’823 patent. App. G.

2. Non-Technical Description of the 7,286,823 Patent

49. The ’823 patent is generally directed to enabling and improving multimedia

applications on mobile devices by allowing subsequently-created software and CODECs to be

installed as needed or as developed. The ’823 patent describes a mobile device whose multimedia

system is divided into several discrete components, including a mobile multimedia engine that has

a software component that controls the engine’s hardware component. Multimedia software can

only access the engine’s software components by an interface, which loads, installs, and runs that

multimedia software application in the engine.

3. Foreign Counterparts

50. The foreign patents and patent applications that claim priority to the ‘823 patent or that share a priority claim to one or more of the same applications as the ’823 patent are:

U.S. Patent No. 7,286,823 Application Application Status Publication/ Publication or Country Date Number Issue Date Patent No. 2/13/2003 2003210262 PUBLISHED 9/4/2003 2003210262 AU 2/12/2003 2003210252 PUBLISHED 9/4/2003 2003210252 AU 2/13/2003 2003210261 PUBLISHED 9/4/2003 2003210261 AU 2/13/2003 2003214058 PUBLISHED 9/4/2003 2003214058 AU 2/13/2003 2003218656 PUBLISHED 9/4/2003 2003218656 AU 9/22/2003 2003266401 PUBLISHED 4/8/2004 2003266401 AU 9/22/2003 2003270235 PUBLISHED 4/8/2004 2003270235 AU 9/22/2003 2003277881 PUBLISHED 4/8/2004 2003277881 AU 2/13/2003 03803965.6 GRANTED 12/13/2006 ZL03803965.6 CN 2/13/2003 03804023.9 GRANTED 12/12/2007 ZL03804023.9 CN 2/13/2003 03804026.3 GRANTED 7/18/2012 ZL03804026.3 CN 2/13/2003 03804047.6 GRANTED 4/9/2008 ZL03804047.6 CN 9/22/2003 03822474.7 GRANTED 8/5/2009 ZL03822474.7 CN 9/22/2003 03822481.X GRANTED 1/7/2009 ZL03822481.X CN 2/13/2003 16197680.8 PUBLISHED 5/24/2017 3171265 EP 2/13/2003 03739487.1 PUBLISHED 12/15/2004 1485799 EP 2/13/2003 03709705.2 GRANTED 7/8/2015 1476809 EP 9/22/2003 03769298.5 GRANTED 5/9/2007 1547351 EP 9/22/2003 03797315.3 GRANTED 8/11/2010 1550332 EP 2/13/2003 15177455.1 PUBLISHED 2/24/2016 2988212 EP 9/22/2003 16158248.1 PUBLISHED 7/20/2016 3046027 EP 9/22/2003 19208216.2 PUBLISHED 3/25/2020 3627321 EP 2/13/2003 2003-568526 PUBLISHED 6/16/2005 2005-518116 JP 2/13/2003 2003-568520 PUBLISHED 9/2/2005 2005-526308 JP 2/13/2003 2003-568521 GRANTED 5/8/2013 5192118 JP 2/13/2003 2003-568529 PUBLISHED 6/16/2005 2005-518015 JP 2/12/2003 2003-568904 GRANTED 9/29/2010 4554937 JP 9/22/2003 2004-537141 PUBLISHED 3/9/2006 2006-508424 JP 9/22/2003 2004-537142 PUBLISHED 3/30/2006 2006-511100 JP 9/22/2003 2004-537143 GRANTED 12/1/2010 4589113 JP 5/13/2011 2011-108701 PUBLISHED 10/13/2011 2011-205672 JP 2/13/2003 10-2004-7011988 GRANTED 6/30/2009 10-0906358 KR 2/13/2003 10-2004-7011959 GRANTED 5/25/2011 101036760 KR 2/13/2003 10-2004-7011961 GRANTED 4/5/2011 101026110 KR 2/13/2003 10-2004-7011989 GRANTED 6/14/2010 100962463 KR 9/22/2003 10-2005-7004924 GRANTED 8/11/2010 100974851 KR

U.S. Patent No. 7,286,823 Application Application Status Publication/ Publication or Country Date Number Issue Date Patent No. 9/22/2003 10-2005-7004952 GRANTED 7/7/2011 101047278 KR 3/23/2005 10-2005-7005014 PUBLISHED 6/17/2005 10-2005-0059185 KR 2/13/2003 PCT/EP03/01431 PUBLISHED 08/21/2003 2003/069469 WO 2/12/2003 PCT/EP03/0301373 PUBLISHED 10/7/2004 2003/069922 WO 2/13/2003 PCT/EP03/0301428 PUBLISHED 4/15/2004 2003/069472 WO 2/13/2003 PCT/EP03/0301429 PUBLISHED 11/11/2004 2003/069464 WO 2/13/2003 PCT/EP03/0301430 PUBLISHED 9/16/2004 2003/069463 WO 9/22/2003 PCT/EP03/0310496 PUBLISHED 3/23/2006 2004/027603 WO 9/22/2003 PCT/EP03/0310507 PUBLISHED 4/1/2004 2004/028182 WO 9/22/2003 PCT/EP03/0310515 PUBLISHED 4/1/2004 2004/028125 WO

51. On information and belief, no other foreign applications or patents corresponding to the ’823 patent have been filed, abandoned, or rejected.

4. Licenses

52. As required under Commission Rule 210.12(a)(9)(iii), a list of currently-licensed entities is attached to this Complaint. See Confidential Ex. 27C. In addition, Ericsson has or will seek consent, cotemporaneous with the filing of this Complaint, to identify additional license(s) the existence of which may be subject to non-disclosure requirements. Apart from the license(s) subject to non-disclosure requirements, on information and belief, there are no other currently identified licenses involving the ’823 patent. Samsung was formerly licensed to this patent.

D. U.S. Patent No. 9,313,178

1. Identification and Ownership of the 9,313,178 Patent

53. The ’178 patent, titled “Method And System For Secure Over-The-Top Live Video

Delivery,” issued on April 12, 2016 to inventors Kevin J. Ma, Robert Hickey, and Paul Tweedale.

See Exh. 4. The ’178 patent issued from Application No. 14/266,368 (the “’368 Application”), filed on April 30, 2014. Id. The ’368 application was filed as a continuation of Application No.

13/530,997, filed on June 22, 2012.

54. The ’178 patent has two independent claims and 18 dependent claims. See Exh.

12. Ericsson is asserting claims 1-4, 7-10, and 16-19 of the ’178 patent in this Investigation. See

id. Further investigation and discovery may lead to the assertion of additional claims.

55. The Asserted Claims of the ’178 patent are valid, enforceable, and currently in full force and effect until the expiration of the ’178 patent on June 22, 2032. Ericsson owns by assignment the entire right, title, and interest in and to the ’178 patent. See Exh. 8, ’178 Patent

Assignment.

56. Pursuant to Commission Rule 210.12(c)(1), this Complaint is accompanied by a copy of the prosecution history of the ’178 patent. App. D. Pursuant to Commission Rule

210.12(c)(2), this Complaint is also accompanied by a copy of each technical reference identified in the prosecution history of the ’178 patent. App. H.

2. Non-Technical Description of the 9,313,178 Patent

57. The ’178 patent is generally directed to the secure distribution of content, such as

video, that utilizes a series of encryption keys for each of a plurality of periods of use of the content.

A client device, such as a cellphone, will retrieve, from a license server, encryption keys and key expiration times. Before a currently used encryption key expires, the client will retrieve, from the license server, the encryption key for the next time period. In this manner, content is smoothly decrypted and presented to a user by the client device, while the encryption keys may be varied during the presentation of the content.

3. Foreign Counterparts

58. On information and belief, there are no foreign patents or patent applications that claim priority to the ’178 patent or that share a priority claim to one or more of the same applications as the ’178 patent.

59. On information and belief, no foreign applications or patents that claim priority to

the ’178 patent or that share a priority claim to one or more of the same applications as the ’178

patent have been filed, abandoned, or rejected.

4. Licenses

60. As required under Commission Rule 210.12(a)(9)(iii), a list of currently-licensed

entities is attached to this Complaint. See Confidential Ex. 27C. In addition, Ericsson has or will seek consent, cotemporaneous with the filing of this Complaint, to identify additional license(s) the existence of which may be subject to non-disclosure requirements. Apart from the license(s) subject to non-disclosure requirements, on information and belief, there are no other currently identified licenses involving the ’178 patent. Samsung was formerly licensed to this patent.

VI. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE

61. On information and belief, Samsung’s Accused Products are manufactured and

assembled at foreign facilities. See Exhs. 32-33, 36-37, and 40-41. The Accused Products are then sold for importation into the United States, imported into the United States, and/or sold within

the United States after importation. See also Exhs. 28-29.

62. On information and belief, Samsung offers for sale, sells, and provides support for

its Accused Products at Samsung stores located in the United States. See Exhs. 23, 25-29.

Samsung operates stores located in at least Los Angeles, California; Palo Alto, California;

Houston, Texas; and Garden City, New York. See Exh. 29. Those stores offer for sale, sell, and

deliver Samsung Accused Products, including smartphones and tablets. See id. For example, as

shown on the Samsung U.S. website, many models of Samsung’s Accused Products are available

for purchase in the United States. See Exhs. 23, 25-29.

63. On information and belief, Samsung offers for sale, sells, and provides support for

its Accused Products via a website that Samsung operates in the United States at URL

www.samsung.com/us. Exhs. 23, 25-26. Samsung’s USA website offers for sale, sells, and

provides for delivery of the Accused Products in the United States, including the Samsung S20

family of products. See Exh. 23.

64. On information and belief, Samsung actively induces other retailers located in the

United States to offer for sale, sell, and provide support for Samsung Accused Products. See id.

65. On information and belief, many retailers located in the United States offer for sale,

sell, and support Samsung Accused Products.

66. Upon information and belief, Samsung will continue to offer for sale after

importation allegedly infringing smartphones both directly and through its retail contracts to

consumers in the United States. See Exh. 30.

67. Upon information and belief, Samsung has agreements to supply Accused Products

to distributors located in the United States. Upon information and belief, Samsung has agreements

to supply Accused Products to major retailers located in the United States.

68. A Samsung Model Galaxy S20+ smartphone was purchased in the United States.

A purchase receipt for that Galaxy S20+ smartphone is attached as Exhibit 32. A label indicating

the source of origin designation for that Samsung Galaxy S20+ smartphone is attached as Exhibit

33. Photographs of that Samsung Galaxy S20+ smartphone and its packaging are included in

Exhibits 34-35. On information and belief, that Samsung Galaxy S20+ was made in Vietnam. See

Exhs. 33. On information and belief, that Samsung Galaxy S20+ was then imported into the United

States and sold within the United States after importation. That Samsung Galaxy S20+ and its packaging are available for inspection at Ericsson’s counsel’s offices in Washington, D.C.

69. A Samsung Model Galaxy Tab S7 tablet computer was purchased in the United

States. A purchase receipt for that Galaxy Tab S7 tablet computer is attached as Exhibit 36. A

label indicating the source of origin designation for that Samsung Galaxy Tab S7 tablet computer is attached as Exhibit 37. Photographs of that Samsung Galaxy Tab S7 tablet computer and its packaging are included as Exhibits 38-39. On information and belief, that Samsung Galaxy Tab

S7 tablet computer was made in Vietnam. See Exh. 37. On information and belief, that Samsung

Galaxy Tab S7 tablet computer was then imported into the United States and sold within the United

States after importation. That Samsung Galaxy Tab S7 tablet computer and its packaging are available for inspection at Ericsson’s counsel’s offices in Washington, D.C.

70. A Samsung Model 32Q50 Smart Television was purchased in the United States. A purchase receipt for that Samsung Model 32Q50 Smart Television is attached as Exhibit 40. A label indicating the source of origin designation for that Samsung Model 32Q50 Smart Television is attached as Exhibit 41. Photographs of that Samsung Model 32Q50 Smart Television and its packaging are included as Exhibits 42-43. On information and belief, that Samsung smart television was made in Mexico. See Exh. 41. On information and belief, that Samsung smart television was then imported into the United States and sold within the United States after importation. That Samsung smart television and its packaging are available for inspection at

Ericsson’s counsel’s offices in Washington, D.C.

71. It is not practical for Ericsson to identify all of Samsung’s Accused Products sold for importation into the United States, imported into the United States, and/or sold within the

United States after importation. Ericsson reserves its right to supplement its allegations, to amend the Complaint and to add respondents in the future.

VII. UNLAWFUL AND UNFAIR ACTS OF PROPOSED RESPONDENT—PATENT INFRINGEMENT

72. Proposed Respondent Samsung has engaged in unfair trade practices, including the

sale for importation, importation, and sale within the United States after importation of certain

Accused Products that infringe the Asserted Claims of the Asserted Patents.

A. Infringement of the 7,151,430 Patent

73. On information and belief, the Accused Products that are sold for importation,

imported, and/or sold within the United States after importation by Samsung infringe claims 1-3,

6-8, 11, 13, 16-18, and 20-21 of the ’430 patent, either literally or under the doctrine of equivalents.

74. On information and belief, Samsung directly infringes one or more of the Asserted

Claims of the ’430 patent through its manufacture, sale for importation, importation, use, and sale

after importation of one or more Accused Products.

75. On information and belief, Samsung without authority makes, uses, sells, offers to

sell, and/or imports into the United States for subsequent sale or use products which are made by

a process patented in the United States covered by claims 11, 13, and 16-18 of the ’430 patent,

literally and/or under the doctrine of equivalents. Such devices include at least Samsung’s

smartphones and smart televisions.

76. On information and belief, Samsung imports the Accused Products as part of

Samsung’s knowing and intentional inducement of one or more persons in the United States, including but not limited to Samsung employees who test and operate Accused Products at the direction of Samsung, to directly infringe one or more claims of the ’430 patent by encouraging, instructing, and aiding those persons to make, use (including testing those devices), sell, or offer to sell one or more of the Accused Products in a manner that infringes the ’430 patent. On information and belief, Samsung acted with intent to cause direct infringement of the ’430 patent

by its agents and employees, and by customers, users, and vendors of its Accused Products.

Specifically, Samsung had actual knowledge of the ’430 patent or was at least willfully blind as to

its existence, and also had actual knowledge or was at least willfully blind that its actions would

cause its agents, customers, users, and vendors to infringe, at least as a result of: (1) Samsung’s

agreement to a patent license with Ericsson prior to 2021 in order to practice the ’430 patent and related patent applications (in other words, Samsung paid for the right to practice the patent); (2) the parties’ patent licensing negotiations; (3) the filing of a district court action, Ericsson Inc. et al. v. Samsung Electronics Col, Ltd. et al., No. 2:21-cv-1 (E.D. Tex.) on Jan. 1, 2021, that provided

Samsung with specific notice of infringement of the ’430 patent; and/or (4) the filing of this

Complaint accompanied by a claim chart setting forth how the Accused Products infringe an asserted claim of the ’430 patent.

77. Claim charts that apply each of the asserted independent claims of the ’430 patent to representative Accused Products are attached to this Complaint as Exhibit 9 and 20.4

B. Infringement of the 6,879,849 Patent

78. On information and belief, the Accused Products that are sold for importation,

imported, and/or sold within the United States after importation by Samsung infringe claims 1-2,

and 12-14 of the ’849 patent, either literally or under the doctrine of equivalents.

4 No part of the exemplary charts attached hereto construe, or are intended to construe, the specifications, file histories, or claims of the Asserted Patents. These exemplary charts do not limit, and are not intended to limit, Ericsson’s infringement positions or contentions. Ericsson specifically reserves the right to further investigate the specific hardware and software used in the Accused Products and supplement these charts to include additionally learned facts. The included charts are solely for the purpose of supporting Ericsson’s allegations against Samsung and establishing the likelihood of infringement by Samsung’s Accused Products. The charts should not be construed as providing any positions on claim construction, such as, for example, whether any preambles should be limiting.

79. On information and belief, Samsung directly infringes one or more of the Asserted

Claims of the ’849 patent through its manufacture, sale for importation, importation, use, and sale after importation of one or more Accused Products.

80. On information and belief, Samsung without authority makes, uses, sells, offers to sell, and/or imports into the United States for subsequent sale or use products which are made by a process patented in the United States covered by claims 12-14 of the ’849 patent, literally and/or under the doctrine of equivalents. Such devices are Samsung’s smartphones.

81. On information and belief, Samsung imports the Accused Products as part of

Samsung’s knowing and intentional inducement of one or more persons in the United States, including but not limited to Samsung employees who test and operate Accused Products at the direction of Samsung, to directly infringe one or more claims of the ’849 patent by encouraging, instructing, and aiding those persons to make, use (including testing those devices), sell, or offer to sell one or more of the Accused Products in a manner that infringes the ’849 patent. On information and belief, Samsung acted with intent to cause direct infringement of the ’849 patent by its agents and employees, and by customers, users, and vendors of its Accused Products.

Specifically, Samsung had actual knowledge of the ’849 patent or was at least willfully blind as to its existence, and also had actual knowledge or was at least willfully blind that its actions would cause its agents, customers, users, and vendors to infringe, at least as a result of: (1) Samsung’s agreement to a patent licenses with Ericsson prior to 2021 in order to practice the ’849 patent and related patent applications (in other words, Samsung paid for the right to practice the patent); (2) the parties’ patent licensing negotiations; (3) the filing of a district court action, Ericsson Inc. et al. v. Samsung Electronics Col, Ltd. et al., No. 2:21-cv-1 (E.D. Tex.) on Jan. 1, 2021, that provided

Samsung with specific notice of infringement of the ’849 patent; and/or (4) the filing of this

Complaint accompanied by a claim chart setting forth how the Accused Products infringe an

asserted claim of the ’849 patent.

82. A claim chart that applies each of the asserted independent claims of the ’849 patent

to a representative Accused Product is attached to this Complaint as Exhibit 10.

C. Infringement of the 7,286,823 Patent

83. On information and belief, the Accused Products that are sold for importation, imported, and/or sold within the United States after importation by Samsung infringe claims 8-20 of the ’823 patent, either literally or under the doctrine of equivalents.

84. On information and belief, Samsung directly infringes one or more of the Asserted

Claims of the ’823 patent through its manufacture, sale for importation, importation, use, and sale after importation of one or more Accused Products.

85. On information and belief, Samsung imports the Accused Products as part of

’823 patent by encouraging, instructing, and aiding those persons to make, use (including testing those devices), sell, or offer to sell one or more of the Accused Products in a manner that infringes the ’823 patent. On information and belief, Samsung acted with intent to cause direct infringement of the ’823 patent by its agents and employees, and by customers, users, and vendors of its Accused

Products. Specifically, Samsung had actual knowledge of the ’823 patent or was at least willfully blind as to its existence, and also had actual knowledge or was at least willfully blind as to the acts that result in infringement at least as a result of (1) Samsung’s agreement to a patent license with

Ericsson prior to 2021 in order to practice the ’823 patent and related patent applications (in other words, Samsung paid for the right to practice the patent); (2) the parties’ patent licensing

negotiations; (3) the filing of a district court action, Ericsson Inc. et al. v. Samsung Electronics

Col, Ltd. et al., No. 2:21-cv-1 (E.D. Tex.) on Jan. 1, 2021, that provided Samsung with specific

notice of infringement of the ’823 patent; and/or (4) the filing of this Complaint accompanied by

a claim chart setting forth how the Accused Products infringe the asserted independent claims of

the ’823 patent.

86. On information and belief, Samsung imports the Accused Products as part of

Samsung’s contributory infringement of one or more of the Asserted Claims of the ’823 patent by

offering to sell or selling and/or importing a patented component, constituting a material part of

the invention, knowing the same to be especially made or especially adapted for use in an

infringement and not a staple article or commodity of commerce suitable for substantial non-

infringing use.

87. A claim chart that applies each of the asserted independent claims of the ’823 patent

to a representative Accused Product is attached to this Complaint as Exhibit 11.

D. Infringement of the 9,313,178 Patent

88. On information and belief, the Accused Products that are sold for importation, imported, and/or sold within the United States after importation by Samsung infringe claims 1-4,

7-10, and 16-19 of the ’178 patent, either literally or under the doctrine of equivalents.

89. On information and belief, Samsung directly infringes one or more of the Asserted

Claims of the ’178 patent through its manufacture, sale for importation, importation, use, and sale after importation of one or more Accused Products.

90. On information and belief, Samsung imports the Accused Products as part of

’178 patent by encouraging, instructing, and aiding those persons to make, use (including testing

those devices), sell, or offer to sell one or more of the Accused Products in a manner that infringes

the ’178 patent. On information and belief, Samsung acted with intent to cause direct infringement

of the ’178 patent by its agents and employees, and by customers, users, and vendors of its Accused

Products. Specifically, Samsung had actual knowledge of the ’178 patent or was at least willfully blind as to its existence, and also had actual knowledge or was at least willfully blind as to the acts that result in infringement at least as a result of (1) the parties’ patent licensing negotiations; (2) the filing of a district court action, Ericsson Inc. et al. v. Samsung Electronics Col, Ltd. et al., No.

2:21-cv-1 (E.D. Tex.) on Jan. 1, 2021, that provided Samsung with specific notice of infringement

of the ’178 patent; and/or (3) the filing of this Complaint accompanied by a claim chart setting

forth how the Accused Products infringe the asserted independent claims of the ’178 patent.

91. On information and belief, Samsung imports the Accused Products as part of

Samsung’s contributory infringement of one or more of the Asserted Claims of the ’178 patent by offering to sell or selling and/or importing a patented component, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement and not a staple article or commodity of commerce suitable for substantial non- infringing use.

92. Claim charts that apply each of the asserted independent claims of the ’178 patent to a representative Accused Product are attached to this Complaint as Exhibits 12 and 17.

VIII. HARMONIZED TARIFF SCHEDULE ITEM NUMBERS

93. On information and belief, the Accused Products are believed to fall within at least the following Harmonized Tariff Schedule of the United States item number(s): 8517.12.00

(telephones for cellular networks or for other wireless networks); 8517.62.00 (machines for the

reception, conversion and transmission of voice, images or other data, including switching and

routing apparatus); 8471.49.0000 (automatic data processing machines and units thereof, other);

8471.30.01 (portable automatic data processing machines); and 8542.39.0000 (electronic integrated circuits).

IX. RELATED LITIGATION

A. Litigation Related to the Asserted Patents

94. The ’430 patent and other Ericsson patents are the subject of actions Ericsson is contemporaneously filing against Samsung in Belgium, The Netherlands and Germany.

95. The ’430 patent, the ’823 patent, the ’178 patent, and the ’849 patent are the subject of a pending district court action, Ericsson Inc. et al. v. Samsung Electronics Col, Ltd. Et al., No.

2:21-cv-1 (E.D. Tex., filed Jan. 1, 2021).

96. The ’430 patent was previously the subject of a district court action, Ericsson Inc. et al. v. Apple Inc., No. 15-cv-288 (E.D. Tex., filed Feb. 26, 2015). This action was settled on

December 15, 2015.

97. The ’823 patent was also asserted against Apple in a separate district court action,

Ericsson Inc. et al. v. Apple Inc., No. 15-cv-291 (E.D. Tex., filed Feb 26, 2015). This action, too, was settled on December 15, 2015.

98. On information and belief and pursuant to Commission Rule 210.12(a)(5), there has been no other court or agency litigations, including before the Commission, involving the alleged unfair methods of competition and unfair acts, or the subject matter thereof, based on the

Asserted Patents.

B. Pertinent Litigation Between the Parties

99. On December 31, 2020, Ericsson filed an amended Complaint against Samsung in the United States District Court for the Eastern District of Texas (Case No. 2:20-cv-00380-JRG), alleging infringement of other Ericsson patents. In the same action, Ericsson has alleged breach

of contract based on Samsung’s IPR licensing declarations to ETSI and the ETSI IPR Policy, and is seeking a declaratory judgment that Ericsson has not breached its FRAND commitments.

100. Samsung claims to have filed, on December 7, 2020, a civil complaint concerning

standard essential patents against Ericsson in The People’s Republic of China Wuhan Intermediate

People’s Court, Hubei Province. Samsung Electronics Co., Ltd. v. Telefonaktiebolaget LM

Ericsson, E 01 Zhi Min Chu No. 743 (2020).

101. On November 30, 2012, Ericsson filed a petition against Samsung with the

Commission. See Certain Wireless Standard Compliant Electronic Devices, Including Certain

Wireless Communication Devices, Tablet Computers, Media Players, and Televisions, and

Components Thereof, Inv. No. 337-TA-862. On February 18, 2014, that Investigation was terminated based on a settlement agreement.

102. On December 21, 2012, Samsung filed a petition against Ericsson with the

Commission. See Certain Wireless Communications Equipment and Articles Therein, Inv. No.

337-TA-866. On March 14, 2014, that Investigation was terminated based on a settlement agreement.

X. THE DOMESTIC INDUSTRY

103. With respect to the Asserted Patents, a domestic industry in the United States exists as defined by 19 U.S.C. § 1337(a)(3)(A)-(C), comprising significant investments in physical operations, employment of labor and capital, and substantial exploitation of the Asserted Patents through engineering, research and development, and licensing.

Asserted Patent Claims Practiced by Domestic Industry Products U.S. Patent No. 7,151,430 Ericsson Radio 2203 Products: 1-3, 6-7, 11, 13, 16-17, 20-21

LG Smartphone Products: 1-3, 5-6, 10-11, 13, 15-21 U.S. Patent No. 7,286,823 Licensee Smartphone and Entertainment Device Products: 8-20 U.S. Patent No. 9,313,178 Licensee Smartphone and Entertainment Device Products: 1-4, 7-10, 16-19 U.S. Patent No. 6,879,849 Licensee Smartphone Products: 1-2, 12-14

A. Ericsson’s Domestic Activities

104. Pursuant to Sections 337(a)(2) and (a)(3)(A)-(C), a domestic industry exists with respect to articles protected by the Asserted Patents by virtue of Ericsson’s significant investments in plant and equipment, significant employment of labor or capital, and substantial investments in exploitation of the Asserted Patents through engineering and research and development.

Ericsson’s U.S. operations are managed from Ericsson, Inc.’s headquarters in Plano, Texas, and

Ericsson maintains various facilities throughout the country. Thousands of Ericsson employees across the U.S. engage in a wide range of activities that result in the creation of functioning mobile networks upon which millions of consumers in the U.S. rely. Ericsson engineers dedicate substantial time to developing, building, and implementing the next generation of information, communications, and telecommunications networks in the United States.

105. Ericsson Radio Systems (“ERSs”), including Ericsson’s Radio 2203, that are protected by the ’430 patent are, inter alia, developed, assembled, configured, programmed, tested, customized, installed, and maintained in the United States for which Ericsson has made significant

investments in plant and equipment. For example, Ericsson has made significant investments in

plant and equipment for its Radio Access Network (“RAN”) group in Parsippany, New Jersey;

Plano, Texas; Atlanta, Georgia; Chicago, Illinois; Pleasanton, California; Irvine, California;

Seattle, Washington; and Kansas City, Kansas. The RAN organization focuses on pre- and post-

deployment design, configuration, tuning, and optimization of RAN network elements, such as the

ERS series of base stations that include the Radio 2203 for smaller outdoor and indoor cells.

Further details of Ericsson’s investments are provided in Confidential Exhibit 44C, Declaration of

Paul Challoner.

106. Ericsson has made significant employment of labor or capital with respect to articles protected by the ’430 patent. Ericsson employs thousands of people to develop, assemble, build, configure, program, test, install, maintain, and support its ERS products, including Radio

2203 protected by the ’430 patent. Further details of Ericsson’s investment related to the employment of labor or capital are provided in Confidential Exhibit 44C, Declaration of Paul

Challoner.

107. Ericsson has made substantial investments in the exploitation of the ’430 patent through engineering and research and development at its research and engineering facilities in the

United States. Ericsson’s engineers devote substantial activities related to the engineering and/or development of ERS products, including Radio 2203 protected by the ’430 patent. Further details of Ericsson’s investments related to research and development are provided in Confidential Exhibit

44C of Paul Challoner.

108. Ericsson’s ERS products, including Radio 2203, practice the ’430 patent. Exhibit

13 is a domestic industry claim chart demonstrating that each limitation of a representative claim

of the ’430 patent is met by Ericsson’s ERS products developed, sold, and/or used in the United

States.5 See Exh. 13.

B. The Domestic Activities of Ericsson’s Licensees

109. Pursuant to Section 19 U.S.C. § 1337(a)(3)(A), (B), and/or (C), a domestic industry exists by virtue of the activities of Ericsson’s licensees. On information and belief, Ericsson’s licensees have made significant investments in plant and equipment and/or in the employment of labor or capital, and/or have made substantial investments in the exploitation of the ’823, ’178, and ’849 patents through engineering and research and development at their research and engineering facilities in the United States. Exhibit 45 sets forth in detail the domestic industry investments of an exemplary Ericsson licensee with respect to the ’823, ’178, and ’849 patents.

Confidential Exhibit 46C sets forth the domestic industry investments of another exemplary

Ericsson licensee with respect to the ’823 and ’178 patents. Exhibits 14-16, and 18-19, and

Confidential Exhibits 47C and 48C are domestic industry claim charts showing Ericsson’s exemplary licensees’ products practice a representative claim of the ’849, ’823, and ’178, patents.

C. Ericsson’s Domestic Licensing Activities

1. Licensing Activities

110. Pursuant to Sections 337(a)(2) and (a)(3)(C), a domestic industry exists by virtue of Ericsson’s substantial investments in the exploitation of the Asserted Patents through licensing.

5 No part of these exemplary charts construe, or are intended to construe, the specifications, file histories, or claims of the Asserted Patents. These exemplary charts do not limit, and are not intended to limit, Ericsson’s infringement positions or contentions. Ericsson specifically reserves the right to further investigate the specific hardware and software used in the domestic industry products and supplement these charts to include additionally learned facts. Further, Ericsson reserves the right to rely on other claims and/or products to establish the technical prong of the domestic industry requirement. The included charts are solely for the purpose of supporting Ericsson’s allegations against Samsung and establishing that the domestic industry products practice the asserted patents. The charts should not be construed as providing any positions on claim construction, such as, for example, whether any preambles should be limiting.

111. As set forth in Confidential Exhibit 49C, Declaration of Roy Maharaj, Ericsson Inc.

has made and continues to make a substantial domestic investment in licensing the Asserted

Patents. Ericsson’s United States employees have negotiated royalty-bearing licensing agreements to the Asserted Patents, each of which has generated significant royalties in the amount set forth in Confidential Exhibit 49C. Ericsson currently employs in the United States individuals on a full- time basis who devote all or substantially all of their time to licensing Ericsson’s patents, including the Asserted Patents. See Confidential Exh. 49C.

112. Ericsson’s domestic licensing investments include, for example, their substantial investments on overhead, such as employee salaries and benefits, office space, office communication equipment, and office furnishings and supplies, as well as their substantial investments for travel to meet with potential licensees.

113. Ericsson has made and continues to make a substantial investment in the exploitation of the Asserted Patents through its licensing activities in the United States. Further

details of Ericsson’s substantial investment in the exploitation of the Asserted Patents through its

licensing activities are provided in Confidential Exhibit 49C.

114. Ericsson makes substantial domestic investments in licensing its patent portfolio,

including the Asserted Patents, including patent portfolio analysis, monitoring the market,

financial and technical analysis, patent infringement analysis and documentation, and negotiations

with prospective licensees.

115. Ericsson has also made substantial domestic investments in licensing its patent

portfolio, including the Asserted Patents, through investments in patent enforcement litigation

involving unwilling licensees.

116. The success of Ericsson’s licensing business, as measured in the number of licenses

and resulting revenues and other benefits, has required substantial domestic investments and has led to continued and even larger ongoing investments to establish an even more extensive domestic licensing business involving Ericsson’s intellectual property, including the Asserted Patents. See

Confidential Exh. 49C.

117. Exhibits 13-16, 18-19, and 21-22, and Confidential Exhibits 47C and 48C, are claim charts showing practice of each of the Asserted Patents.

2. Litigation Activities Related to Unwilling Licensees

118. In instances where companies use Ericsson’s patented technology but, after appropriate notice, negotiations, and opportunities, are unwilling to enter into a license agreement,

Ericsson invests in patent enforcement litigation. In those patent enforcement proceedings,

Ericsson asserts representative patents from the applicable portfolios.

119. Information regarding Ericsson’s litigation activities related to its licensing efforts is set forth in Confidential Exhibit 49C. In connection with such litigation, Ericsson has expended substantial sums for legal fees and costs as described in Confidential Exhibit 49C. These domestic litigation activities, which occurred in connection with the efforts of Ericsson to license its patents, including the Asserted Patents, separately satisfy the requirements of 19 U.S.C. § 1337(a)(3)(C).

120. There is a nexus between Ericsson’s substantial investments and (i) the Asserted

Patents, (ii) the licensing of those Asserted Patents, and (iii) the United States.

121. In view of at least the foregoing, and pursuant to 19 U.S.C. § 1337(a)(3)(C), a domestic industry exists by virtue of Ericsson’s substantial investments in litigation activities related to its licensing efforts.

XI. RELIEF REQUESTED

122. WHEREFORE, by reason of the foregoing, Ericsson respectfully requests that the

United States International Trade Commission:

(a) Institute an immediate investigation, pursuant to Section 337 of the Tariff

Act of 1930, as amended, 19 U.S.C. §§ 1337(a)(1)(B)(i) and (b)(1), with

respect to violation of Section 337 by Proposed Respondent Samsung based

upon its sale for importation, importation, and/or sale after importation into

the United States of certain Accused Products and products containing same

that infringe one or more of the Asserted Claims of Ericsson’s United States

Patent Nos. 7,151,430; 6,879,849; 7,286,823; and 9,313,178;

(b) Schedule and conduct a hearing on said unlawful acts and, following said

hearing;

Respondent Samsung and its subsidiaries and affiliates, barring from entry

into the United States all Accused Products, that infringe one or more of the

Asserted Claims of Ericsson’s United States Patent Nos. 7,151,430;

6,879,849; 7,286,823; and 9,313,178;

(d) Issue a permanent cease and desist order, pursuant to 19 U.S.C. § 1337(f),

directing Proposed Respondent Samsung to cease and desist from selling

for importation into the United States, importing, selling after importation

into the United States, offering for sale, marketing, advertising,

demonstrating, sampling, warehousing inventory for distribution, offering

for sale, selling, distributing, licensing, testing, providing technical support,

use, or other related commercial activity involving imported Accused

Products that infringe one or more of the Asserted Claims of Ericsson’s

United States Patent Nos. 7,151,430; 6,879,849; 7,286,823; and 9,313,178;

(e) Impose a bond upon Samsung’s importation of the Accused Products that

infringe any claim of the Asserted Patents during the 60-day Presidential

review period pursuant to 19 U.S.C. §§ 1337(e) and (j) to prevent further

injury to Ericsson’s domestic industry relating to the Asserted Patents; and

(f) Grant such other and further relief as the Commission deems just and proper

based on the facts determined by the investigation and the authority of the

Commission.

Date: January 4, 2021 Respectfully submitted,

Tho~~ WINSTON & STRAWN LLP 1901 L Street, N.W. Washington, D.C. 20036 Telephone: (202) 282-5000 Facsimile: (202) 282-5100

Louis L. Campbell WINSTON & STRAWN LLP 275 Middlefield Road, Suite 205 Menlo Park, CA 94025 Telephone: (650) 858-6500 Facsimile: (650) 858-6550

Steven M. Anzalone Paul C. Goulet FISHERBROYLES, LLP 1200 G Street N.W., Suite 800 Washington, D.C. 20005 Telephone: (301) 968-0800

Michael M. Murray FISHERBROYLES, LLP 445 Park A venue, Ninth Floor New York, NY 10022 Telephone: (203) 542-5711

Counsel for Complainants Ericsson Inc., Telefonaktiebolaget LM Ericsson, and Ericsson AB DocuSign Envelope ID: A3C9B3D6-7DCE-4B9E-AC54-936132ACE637

VERIFICATION OF COMPLAINT

I, Vernon E. Evans, Jr., declare, in accordance with 19 C.F.R. §§ 210.4 and 210.12(a),

under penalty of perjury, that the following statements are true:

1. I am a Director of Patent Assertion and Enforcement for Ericsson AB;

2. I am duly authorized to sign this Complaint on behalf of Complainants Ericsson Inc., Telefonaktiebolaget LM Ericsson, and Ericsson AB;

3. I have read the foregoing Complaint;

4. To the best of my knowledge, information, and belief, based on reasonable inquiry,

the foregoing Complaint is well-founded in fact and is warranted by existing law

or by a non-frivolous argument for the extension, modification, or reversal of

existing law or the establishment of new law;

5. The allegations and other factual contentions in the foregoing Complaint have

evidentiary support or are likely to have evidentiary support after a reasonable

opportunity for further investigation or discovery; and

6. The foregoing Complaint is not being filed for an improper purpose, such as to

harass or to cause unnecessary delay or needless increase in the cost of litigation.

Executed effective January 4, 2021