Free Motion to Lift Stay - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE INTERDIGITAL COMMUNICATIONS CORP., ) and ) INTERDIGITAL TECHNOLOGY CORP., ) ) Plaintiffs, ) ) ) v. ) ) SAMSUNG ELECTRONICS CO., LTD. ) SAMSUNG ELECTRONICS AMERICA, INC. ) and ) SAMSUNG TELECOMMUNICATIONS ) AMERICA LLC, ) ) Defendants. )

Civil Action No. 07-165 (JJF)

PLAINTIFFS' MOTION TO LIFT THE STAY FOR THE LIMITED PURPOSE OF FILING A SECOND AMENDED COMPLAINT AND TO FILE A SECOND AMENDED COMPLAINT Plaintiffs InterDigital Communications Corp. and InterDigital Technology Corp. (collectively "InterDigital") move this Court to lift the stay imposed on June 14, 2007 for the limited purpose of filing a Second Amended Complaint to include a new patent, U.S. Patent No. 7,286,847 ("the '847 patent"), which issued from the United States Patent and Trademark Office on Tuesday, October 23, 2007. The Complaint in this matter was filed on March 23, 2007 citing infringement of three separate patents, U.S. Patent Nos. 7,117,004, 6,674,791 and 6,973,579. InterDigital amended its complaint to add a fourth patent, U.S. Patent No. 7,190,966, as a matter of right on May 7, 2007. This Court entered a stay of this action pursuant to 28 U.S.C. § 1659(a) because the four patents-in-suit were the subject of an action in the U.S. International Trade Commission (the "ITC Investigation"). On November 2, 2007, InterDigital filed an Amended Complaint in the ITC, adding the

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`847 patent as the fifth patent-in-suit in the ITC Investigation. InterDigital now moves this Court for leave to amend its complaint in this action so that the '847 patent may be added to this matter.1 This action is early in its pendency and, in fact, no Scheduling Order has yet been entered. A party may amend its pleading "by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires." Fed. R. Civ. P. 15(a). Federal Rule of Civil Procedure 15(a) "reflects a general presumption in favor of allowing a party to amend its pleadings." Commodity Futures Trading Commission v. American Metal Exchange Corp., 693 F. Supp. 168, 189 (D.N.J. 1988) (citing Boileau v. O'Hare, et al., 730 F.2d 929 (3d Cir. 1984); see also 3 James Wm. Moore et al., Moore's Federal Practice ¶ 15.14[1] (3d ed. 2006) ("A liberal, pro-amendment ethos dominates the intent and judicial construction of Rule 15(a)."). The decision whether to grant leave to amend a complaint is an exercise of the discretion of the district court. 3 James Wm. Moore et al., Moore's Federal Practice ¶ 15.14[1] (3d ed. 2006). But "[t]he policy that a court should freely grant amendments limits a court's ability to deny leave to amend, and in a proper case, may warrant a finding of abuse of discretion in denying leave." Id. "In the absence of any apparent or declared reason -- such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc. -- the leave sought should, as the rules require, be

1

In the proposed Second Amended Complaint, InterDigital will also be amending the caption and replacing the named plaintiff InterDigital Communications Corp. with InterDigital Communications, LLC. This change results from a recent corporate reorganization.

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`freely given.'" Foman v. Davis, 371 U.S. 178, 182 (1962). The burden is on the non-moving party to show that it would be unduly prejudiced by the amendment. Sanders v. Clemco Ind., 823 F.2d 214, 217 (8th Cir. 1987). Defendants cannot make that showing. Copies of the Second Amended Complaint and a blackline version are attached at Tabs 1 and 2 respectively. A proposed Order is also attached.

Dated: November 2, 2007

/s/ Richard K. Herrmann _ Richard K. Herrmann #405 Mary B. Matterer #2696 MORRIS JAMES LLP 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801 (302) 888-6800 [email protected]

OF COUNSEL: Patrick J. Coyne Christopher P. Isaac Lionel M. Lavenue Houtan K. Esfahani Rajeev Gupta Qingyu Yin FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, DC 20001-4413 (202) 408-4000 Attorneys for Plaintiffs, INTERDIGITAL COMMUNICATIONS, LLC and INTERDIGITAL TECHNOLOGY CORP.

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RULE 7.1.1 CERTIFICATE The undersigned certifies that movant has made reasonable efforts to reach an agreement with opposing counsel on the matters set forth in this Motion.

/s/ Richard K. Herrmann Richard K. Herrmann (#405)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE INTERDIGITAL COMMUNICATIONS CORP., ) and ) INTERDIGITAL TECHNOLOGY CORP., ) ) Plaintiffs, ) ) ) v. ) ) SAMSUNG ELECTRONICS CO., LTD. ) SAMSUNG ELECTRONICS AMERICA, INC. ) and ) SAMSUNG TELECOMMUNICATIONS ) AMERICA LLC, ) ) Defendants. )

Civil Action No. 07-165 (JJF)

[PROPOSED] ORDER Now pending before the Court is PLAINTIFFS' MOTION TO LIFT THE STAY FOR THE LIMITED PURPOSE OF FILING A SECOND AMENDED COMPLAINT AND TO FILE A SECOND AMENDED COMPLAINT. GOOD CAUSE APPEARING THEREFOR, it is hereby ORDERED that Plaintiffs' motion is GRANTED. The Stay in this matter is lifted for the limited purpose of filing a Second Amended Complaint and the Second Amended Complaint shall be deemed filed and served as of the date of this Order.

Dated: __________________

_____________________________ United States District Court Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE __________________________________________ ) INTERDIGITAL COMMUNICATIONS, LLC., ) INTERDIGITAL TECHNOLOGY CORP., ) ) Plaintiffs, ) Civil Action No.: 07-165 JJF v. ) ) SAMSUNG ELECTRONICS CO., LTD. ) SAMSUNG ELECTRONICS AMERICA, INC., ) JURY TRIAL DEMANDED and SAMSUNG TELECOMMUNICATIONS ) AMERICA LLC, ) Defendants. ) __________________________________________) SECOND AMENDED COMPLAINT This is an action for patent infringement. Plaintiffs, InterDigital

Communications, LLC and InterDigital Technology Corporation (collectively "InterDigital"), through their undersigned counsel, bring this action against Defendants, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America LLC (collectively "the Samsung Defendants"). InterDigital alleges as follows: In support of this Second Amended Complaint,

THE PARTIES 1. Plaintiff, InterDigital Communications, LLC ("InterDigital Communications"), is

a Pennsylvania corporation, having its principal place of business at 781 Third Avenue, King of Prussia, Pennsylvania 19406-1409. 2. Plaintiff, InterDigital Technology Corporation ("InterDigital Technology"), is a

Delaware corporation, having its principal place of business at Hagley Building, Suite 105, 3411 Silverside Road, Concord Plaza, Wilmington, Delaware 19810-4812. InterDigital

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Communications is the parent company to InterDigital Technology. 3. Defendant, Samsung Electronics Co., Ltd. ("Samsung Electronics"), is a Korean

corporation, having its principal place of business at Samsung Main Building, 250, Taepyung-ro 2-ka, Chueng-ku, Seoul 100-742 Korea. 4. Defendant, Samsung Electronics America, Inc. ("SEA"), is a New York

corporation, having its principal place of business at 105 Challenger Road, Ridgefield Park, New Jersey 07660. SEA is a wholly owned subsidiary of Samsung Electronics. 5. Defendant, Samsung Telecommunications America LLC ("STA"), is a Delaware

corporation, having its principal place of business at 1301 Lookout Drive, Richardson, Texas 75082. STA is a wholly own subsidiary of Samsung Electronics. Upon information and belief, Samsung Telecommunications America LLP converted to Samsung Telecommunications America LLC on December 27, 2006. JURISDICTION AND VENUE 6. This is an action for patent infringement arising under the patent laws of the

United States. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a). 7. 1400(b). FACTUAL BACKGROUND 8. United States Letters Patent No. 7,117,004 ("the '004 patent"), entitled "Method Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c)-(d) and

and Subscriber Unit for Performing an Access Procedure," issued on October 3, 2006, to inventors Fatih Ozluturk and Gary Lomp. InterDigital Technology owns by assignment the entire right, title, and interest in and to the '004 patent. A true and correct copy of the '004 patent is attached to this Second Amended Complaint as Exhibit A.

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9.

United States Letters Patent No. 6,674,791 ("the '791 patent"), entitled

"Automatic Power Control System for a Code Division Multiple Access (CDMA) Communications System," issued on January 6, 2004, to inventors Gary Lomp, Fatih Ozluturk, and John Kowalski. InterDigital Technology owns by assignment the entire right, title, and

interest in and to the '791 patent. A true and correct copy of the '791 patent is attached to this Second Amended Complaint as Exhibit B. 10. United States Letters Patent No. 6,973,579 ("the '579 patent"), entitled

"Generation of User Equipment Identification Specific Scrambling Code for the High Speed Shared Control Channel," issued on December 6, 2005, to inventors Stephen G. Dick, Nader Boulourchi, and Sung-Hyuk Shin. InterDigital Technology owns by assignment the entire right, title, and interest in and to the '579 patent. A true and correct copy of the '579 patent is attached to this Second Amended Complaint as Exhibit C. 11. United States Letters Patent No. 7,190,966 ("the '966 patent"), entitled "Method

and Apparatus for Performing an Access Procedure," issued on March 13, 2007, to inventors Fatih Ozluturk and Gary R. Lomp. InterDigital Technology owns by assignment the entire right, title, and interest in and to the '966 patent. A true and correct copy of the '966 patent is attached to this Second Amended Complaint as Exhibit D. 12. United States Patent No. 7,286,847 ("the '847 patent"), titled "Method and

Apparatus for Performing Access Procedure" issued on October 23, 2007, to inventors Fatih Ozluturk and Gary R. Lomp. InterDigital Technology owns by assignment the entire right, title, and interest in and to the '847 patent. A true and correct copy of the '847 patent is attached to this Second Amended Complaint as Exhibit E.

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FIRST CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 7,117,004 13. enforceable. 14. On information and belief, the Samsung Defendants manufacture, use, import, The '004 patent is presumed valid under 28 U.S.C. § 282, and remains

offer for sale, and/or sell products in the United States that infringe the '004 patent, and will continue to do so unless enjoined by this Court. 15. On information and belief, the Samsung Defendants manufacture, import, offer to

sell, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '004 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), (3) SGHA707 (sometimes referred to as the "Sync"), and (4) SGH-ZX10. The identification of these specific models is not intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 16. The Samsung Defendants' past and continuing infringements of the '004 patent

have caused irreparable damage to InterDigital, and will continue to do so unless enjoined by this Court. SECOND CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,674,791 17. enforceable. 18. On information and belief, the Samsung Defendants manufacture, import, offer The '791 patent is presumed valid under 28 U.S.C. § 282, and remains

for sale, and/or sell products in the United States that infringe the '791 patent, and will continue to do so unless enjoined by this Court.

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19.

On information and belief, the Samsung Defendants manufacture, use, import,

offer for sale, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '791 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), (3) SGHA707 (sometimes referred to as the "Sync"), and (4) SGH-ZX10. The identification of these specific models is not intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 20. The Samsung Defendants know or should have known of InterDigital's rights in

the '791 patent, and their infringement of the '791 patent has been willful and deliberate. 21. The Samsung Defendants' past and continuing infringements of the `791 patent

have caused irreparable damage to InterDigital, and will continue to do so unless enjoined by this Court. THIRD CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,973,579 22. enforceable. 23. On information and belief, the Samsung Defendants manufacture, use, import, The '579 patent is presumed valid under 28 U.S.C. § 282, and remains

offer for sale, and/or sell products in the United States that infringe the '579 patent, and will continue to do so unless enjoined by this Court. 24. On information and belief, the Samsung Defendants manufacture, import, offer

for sale, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '579 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), and (3) SGHA707 (sometimes referred to as the "Sync"). The identification of these specific models is not

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intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 25. The Samsung Defendants know or should have known of InterDigital's rights in

the '579 patent, and their infringement of the '579 patent has been willful and deliberate. 26. The Samsung Defendants' past and continuing infringements of the `579 patent

have caused irreparable damage to InterDigital, and will continue to do so unless enjoined by this Court. FOURTH CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 7,190,966 27. enforceable. 28. On information and belief, the Samsung Defendants manufacture, use, import, The '966 patent is presumed valid under 28 U.S.C. § 282, and remains

offer for sale, and/or sell products in the United States that infringe the '966 patent, and will continue to do so unless enjoined by this Court. 29. On information and belief, the Samsung Defendants manufacture, import, offer to

sell, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '004 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), (3) SGHA707 (sometimes referred to as the "Sync"), and (4) SGH-ZX10. The identification of these specific models is not intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 30. The Samsung Defendants' past and continuing infringements of the '966 patent

have caused irreparable damage to InterDigital, and will continue to do so unless enjoined by this Court.

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FIFTH CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 7,286,847 31. enforceable. 32. On information and belief, the Samsung Defendants manufacture, use, import, The '847 patent is presumed valid under 28 U.S.C. § 282 and remains

offer for sale, and/or sell products in the United States that infringe the '847 patent and will continue to do so unless enjoined by this Court. 33. On information and belief, the Samsung Defendants manufacture, use, import,

offer for sale, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '847 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), (3) SGHA707 (sometimes referred to as the "Sync") and (4) SGH-ZX10. The identification of these specific models is not intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 34. The Samsung Defendants' infringement of the '847 patent will cause irreparable

damage to InterDigital, and will continue to do so unless enjoined by this Court.

PRAYER FOR RELIEF 35. (a) WHEREFORE, InterDigital respectfully requests that this Court: Find that the Samsung Defendants have infringed one or more claims of the '004

patent, the '791 patent, the '579 patent, the '966 patent and the '847 patent; (b) (c) Find that this is an exceptional case under 35 U.S.C. § 285; Preliminarily and permanently enjoin the Samsung Defendants from infringing

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the '004 patent, the '791 patent, the '579 patent, the '966 patent and the '847 patent under 35 U.S.C. § 283; (d) Award InterDigital an amount to be determined as compensatory damages for the

infringement of the '004 patent, the '791 patent, the '579 patent, the '966 patent and the '847 patent and the costs of the action, as fixed by the Court, under 35 U.S.C. § 284; (e) Treble the damages resulting from the Samsung Defendants' willful and

deliberate infringement of the '791 patent and the '579 patent under 35 U.S.C. § 284; (f) Award InterDigital its costs, including expenses and reasonable attorneys' fees,

incurred in bringing and prosecuting this action under 35 U.S.C. § 285; (g) awarded; and (h) Award InterDigital any further relief that this Court deems just and proper. Award InterDigital prejudgment and post judgment interest on all amounts

JURY DEMAND 36. action. InterDigital demands a jury trial as to all issues that are triable by a jury in this

Dated: November 2, 2007

/s/ Richard K. Herrmann Richard K. Herrmann #405 MORRIS JAMES LLP 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801 (302) 888-6800 [email protected]

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OF COUNSEL: Patrick J. Coyne Christopher P. Isaac Lionel M. Lavenue Houtan K. Esfahani Rajeev Gupta FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, DC 20001-4413 (202) 408-4000 Attorneys for Plaintiffs, INTERDIGITAL COMMUNICATIONS, LLC and INTERDIGITAL TECHNOLOGY CORP.

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EXHIBIT E

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE __________________________________________ ) INTERDIGITAL COMMUNICATIONS, LLC., ) INTERDIGITAL TECHNOLOGY CORP., ) ) Plaintiffs, ) Civil Action No.: 07-165 JJF v. ) ) SAMSUNG ELECTRONICS CO., LTD. ) SAMSUNG ELECTRONICS AMERICA, INC., ) JURY TRIAL DEMANDED and SAMSUNG TELECOMMUNICATIONS ) AMERICA LLC, ) Defendants. ) __________________________________________) SECOND AMENDED COMPLAINT This is an action for patent infringement. Plaintiffs, InterDigital

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Communications, LLC and InterDigital Technology Corporation (collectively "InterDigital"), through their undersigned counsel, bring this action against Defendants, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America LLC (collectively "the Samsung Defendants"). InterDigital alleges as follows: In support of this Second Amended Complaint,
Deleted: Pursuant to Federal Rule of Civil Procedure 15(a), Plaintiffs amend the Complaint as a matter of course, no responsive pleading having been yet served. Deleted: First

THE PARTIES
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1.

Plaintiff, InterDigital Communications, LLC ("InterDigital Communications"), is

a Pennsylvania corporation, having its principal place of business at 781 Third Avenue, King of Prussia, Pennsylvania 19406-1409. 2. Plaintiff, InterDigital Technology Corporation ("InterDigital Technology"), is a

Delaware corporation, having its principal place of business at Hagley Building, Suite 105, 3411 Silverside Road, Concord Plaza, Wilmington, Delaware 19810-4812. InterDigital

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Communications is the parent company to InterDigital Technology. 3. Defendant, Samsung Electronics Co., Ltd. ("Samsung Electronics"), is a Korean

corporation, having its principal place of business at Samsung Main Building, 250, Taepyung-ro 2-ka, Chueng-ku, Seoul 100-742 Korea. 4. Defendant, Samsung Electronics America, Inc. ("SEA"), is a New York

corporation, having its principal place of business at 105 Challenger Road, Ridgefield Park, New Jersey 07660. SEA is a wholly owned subsidiary of Samsung Electronics. 5. Defendant, Samsung Telecommunications America LLC ("STA"), is a Delaware

corporation, having its principal place of business at 1301 Lookout Drive, Richardson, Texas 75082. STA is a wholly own subsidiary of Samsung Electronics. Upon information and belief, Samsung Telecommunications America LLP converted to Samsung Telecommunications America LLC on December 27, 2006. JURISDICTION AND VENUE 6. This is an action for patent infringement arising under the patent laws of the

United States. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a). 7. 1400(b). FACTUAL BACKGROUND 8. United States Letters Patent No. 7,117,004 ("the '004 patent"), entitled "Method Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c)-(d) and

and Subscriber Unit for Performing an Access Procedure," issued on October 3, 2006, to inventors Fatih Ozluturk and Gary Lomp. InterDigital Technology owns by assignment the entire right, title, and interest in and to the '004 patent. A true and correct copy of the '004
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patent is attached to this Second Amended Complaint as Exhibit A.

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9.

United States Letters Patent No. 6,674,791 ("the '791 patent"), entitled

"Automatic Power Control System for a Code Division Multiple Access (CDMA) Communications System," issued on January 6, 2004, to inventors Gary Lomp, Fatih Ozluturk, and John Kowalski. InterDigital Technology owns by assignment the entire right, title, and
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interest in and to the '791 patent. A true and correct copy of the '791 patent is attached to this Second Amended Complaint as Exhibit B. 10. United States Letters Patent No. 6,973,579 ("the '579 patent"), entitled

"Generation of User Equipment Identification Specific Scrambling Code for the High Speed Shared Control Channel," issued on December 6, 2005, to inventors Stephen G. Dick, Nader Boulourchi, and Sung-Hyuk Shin. InterDigital Technology owns by assignment the entire right, title, and interest in and to the '579 patent. A true and correct copy of the '579 patent is attached
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to this Second Amended Complaint as Exhibit C. 11. United States Letters Patent No. 7,190,966 ("the '966 patent"), entitled "Method

and Apparatus for Performing an Access Procedure," issued on March 13, 2007, to inventors Fatih Ozluturk and Gary R. Lomp. InterDigital Technology owns by assignment the entire right, title, and interest in and to the '966 patent. A true and correct copy of the '966 patent is attached
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to this Second Amended Complaint as Exhibit D. 12. United States Patent No. 7,286,847 ("the '847 patent"), titled "Method and

Apparatus for Performing Access Procedure" issued on October 23, 2007, to inventors Fatih Ozluturk and Gary R. Lomp. InterDigital Technology owns by assignment the entire right, title, and interest in and to the '847 patent. A true and correct copy of the '847 patent is attached to this Second Amended Complaint as Exhibit E.

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FIRST CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 7,117,004 13. enforceable. 14. On information and belief, the Samsung Defendants manufacture, use, import, The '004 patent is presumed valid under 28 U.S.C. § 282, and remains

offer for sale, and/or sell products in the United States that infringe the '004 patent, and will continue to do so unless enjoined by this Court. 15. On information and belief, the Samsung Defendants manufacture, import, offer to

sell, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '004 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), (3) SGHA707 (sometimes referred to as the "Sync"), and (4) SGH-ZX10. The identification of these
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specific models is not intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 16. The Samsung Defendants' past and continuing infringements of the '004 patent

have caused irreparable damage to InterDigital, and will continue to do so unless enjoined by this Court. SECOND CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,674,791 17. enforceable. 18. On information and belief, the Samsung Defendants manufacture, import, offer The '791 patent is presumed valid under 28 U.S.C. § 282, and remains

for sale, and/or sell products in the United States that infringe the '791 patent, and will continue to do so unless enjoined by this Court.

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19.

On information and belief, the Samsung Defendants manufacture, use, import,

offer for sale, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '791 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), (3) SGHA707 (sometimes referred to as the "Sync"), and (4) SGH-ZX10. The identification of these
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specific models is not intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 20. The Samsung Defendants know or should have known of InterDigital's rights in

the '791 patent, and their infringement of the '791 patent has been willful and deliberate. 21. The Samsung Defendants' past and continuing infringements of the `791 patent

have caused irreparable damage to InterDigital, and will continue to do so unless enjoined by this Court. THIRD CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 6,973,579 22. enforceable. 23. On information and belief, the Samsung Defendants manufacture, use, import, The '579 patent is presumed valid under 28 U.S.C. § 282, and remains

offer for sale, and/or sell products in the United States that infringe the '579 patent, and will continue to do so unless enjoined by this Court. 24. On information and belief, the Samsung Defendants manufacture, import, offer

for sale, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '579 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), and (3) SGHA707 (sometimes referred to as the "Sync"). The identification of these specific models is not

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intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 25. The Samsung Defendants know or should have known of InterDigital's rights in

the '579 patent, and their infringement of the '579 patent has been willful and deliberate. 26. The Samsung Defendants' past and continuing infringements of the `579 patent

have caused irreparable damage to InterDigital, and will continue to do so unless enjoined by this Court. FOURTH CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 7,190,966 27. enforceable. 28. On information and belief, the Samsung Defendants manufacture, use, import, The '966 patent is presumed valid under 28 U.S.C. § 282, and remains

offer for sale, and/or sell products in the United States that infringe the '966 patent, and will continue to do so unless enjoined by this Court. 29. On information and belief, the Samsung Defendants manufacture, import, offer to

sell, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '004 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), (3) SGHA707 (sometimes referred to as the "Sync"), and (4) SGH-ZX10. The identification of these
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specific models is not intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 30. The Samsung Defendants' past and continuing infringements of the '966 patent

have caused irreparable damage to InterDigital, and will continue to do so unless enjoined by this Court.

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FIFTH CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 7,286,847 31. enforceable. 32. On information and belief, the Samsung Defendants manufacture, use, import, The '847 patent is presumed valid under 28 U.S.C. § 282 and remains

offer for sale, and/or sell products in the United States that infringe the '847 patent and will continue to do so unless enjoined by this Court. 33. On information and belief, the Samsung Defendants manufacture, use, import,

offer for sale, and/or sell in the United States the following Third Generation ("3G") Wideband Code Division Multiple Access ("WCDMA") handsets and components thereof that infringe the '847 patent: (1) SGH-ZX20, (2) SGH-i607 (sometimes referred to as the "Blackjack"), (3) SGHA707 (sometimes referred to as the "Sync") and (4) SGH-ZX10. The identification of these specific models is not intended to limit the scope of the Second Amended Complaint, and any remedy should extend to all infringing models. 34. The Samsung Defendants' infringement of the '847 patent will cause irreparable

damage to InterDigital, and will continue to do so unless enjoined by this Court.

PRAYER FOR RELIEF 35. (a) WHEREFORE, InterDigital respectfully requests that this Court: Find that the Samsung Defendants have infringed one or more claims of the '004
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patent, the '791 patent, the '579 patent, the '966 patent and the '847 patent; (b) (c) Find that this is an exceptional case under 35 U.S.C. § 285; Preliminarily and permanently enjoin the Samsung Defendants from infringing

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the '004 patent, the '791 patent, the '579 patent, the '966 patent and the '847 patent under 35 U.S.C. § 283; (d) Award InterDigital an amount to be determined as compensatory damages for the
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infringement of the '004 patent, the '791 patent, the '579 patent, the '966 patent and the '847 patent and the costs of the action, as fixed by the Court, under 35 U.S.C. § 284; (e) Treble the damages resulting from the Samsung Defendants' willful and

deliberate infringement of the '791 patent and the '579 patent under 35 U.S.C. § 284; (f) Award InterDigital its costs, including expenses and reasonable attorneys' fees,

incurred in bringing and prosecuting this action under 35 U.S.C. § 285; (g) awarded; and (h) Award InterDigital any further relief that this Court deems just and proper. Award InterDigital prejudgment and post judgment interest on all amounts

JURY DEMAND 36. action. InterDigital demands a jury trial as to all issues that are triable by a jury in this

Dated: November 2, 2007 Richard K. Herrmann #405 MORRIS JAMES LLP 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801 (302) 888-6800 [email protected]

Deleted: May 7 Deleted: /s/ Richard K. Herrmann

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OF COUNSEL: Patrick J. Coyne Christopher P. Isaac Lionel M. Lavenue Houtan K. Esfahani Rajeev Gupta FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, DC 20001-4413 (202) 408-4000 Attorneys for Plaintiffs, INTERDIGITAL COMMUNICATIONS, LLC and INTERDIGITAL TECHNOLOGY CORP.
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