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777 Sixth Street NW, nth Floor, vV2\.SI‘ll.flgfO!1,
District of Columbia Z°Q°1'.379(>‘ TEL (202) 5'38-800:: l FAX (202) f;38~BIoo

WRITER'S DIRECT DIAL NO.
(202) 538-8104

35-); gr WRITER‘s INTERNET ADDRESS
NUMBER alexlasher@quinnemanuel.com

November30,
2017 § Qj 3

VIA HAND DELIVERY ------------------------------------­
__ Uflvceof the
Serrrsrary
_ ll"-I IIGIL.‘l,To|’II|II|5g|qn
The I-Ionorable Lisa R. Barton, Secretar '
U.S. International Trade Commission
500 E Street, SW —Room 112
Washington, DC 20436

Re: Certain Mobile Electronic DevicesAnd Radio Frequency And Processing Components
Thereof

Dear Secretary Barton:

Enclosed for filing, please find documents in support of a request by Qualcomm Incorporated
(“Complainant”) that the U.S. International Trade Commission institute an investigation pursuant
to Section 337 of the Tariff Act of 1930, as amended, concerning certain mobile electronic
devices and radio frequency and processing components thereof. Complainant’s submission
includes the following documents:

1. One (1) original and eight (8) paper copies of Complainant’s Verified Complaint,
pursuant to Commission Rule 21O.8(a)(1)(i). _

2. One (1) electronic copy of the public exhibits to the Verified Complaint pursuant
K to Commission Rules 210.8(a)(1)(i) and 21O.l2(a)(9), including:

~"I a. one (1) electronic certified copy of each of United States Patent Nos.
9,154,356 (“the ’356 patent”), 9,473,336 (“the ’336 patent”), 8,063,674
(“the ’674 patent”), 7,693,002 (“the ’O02patent”), 9,552,633 (“the ’633
patent”), copies of which are respectively included as Exhibits 1, 3, 5, 7,
and 9 to the Verified Complaint pursuant to Commission Rule
210. l2(a)(9)(i); and

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b. one (1) electronic copy of the certified assignment records for each of the
’356 patent, ’336 patent, ’674 patent, ’0O2patent, and ’633 patent, copies
of which are respectively included as Exhibits 2, 4, 6, 8, and 10 to the
Verified Complaint, pursuant to Commission Rule 2lO.12(a)(9)(ii).

One (1) electronic copy of the confidential exhibits to the Verified Complaint,
pursuant to Commission Rules 201.6(0) and 2l0.8(a)(l)(ii).

One (1) additional copy of the Verified Complaint and accompanying electronic.
copies of the public exhibits, for service upon the Proposed Respondent, pursuant
to Commission Rules 2Ol.6(c) and 2lO.8(a)(l)(iii); and one (1) additional copy of
electronic copies of the confidential exhibits to the Verified Complaint for service
upon the Proposed Respondent’s counsel after it has subscribed to the protective
order.

Four (4) electronic copies each of the certified prosecution history of the ’356
patent, ’336 patent, ’674 patent, ’0O2patent, and ’633 patent, which are
respectively identified as Appendices A, C, E, G, and I to the Verified Complaint,
pursuant to Commission Rule 21O.l2(c)(l).

Four (4) electronic copies each of each patent and applicable pages of each
teclmical reference mentioned in the prosecution history of the ’356 patent, ’336
patent, ’674 patent, ’0O2patent, and ’633 patent, which are respectively identified
as Appendices B, D, F, H, and J to the Verified Complaint, pursuant to
Commission Rule 2l0.l2(c)(2). "

Three (3) physical samples of representative imported articles that are the subject
of the complaint (Physical Exhibits Pl-P3 to the Verified Complaint).

A letter and certification requesting confidential treatment for the information
contained in confidential exhibits 12C-16C and 18C-23C to the Verified
Complaint, pursuant to Commission Rules 20l.6(b) and 210.5(d).

A Statement on the Public Interest regarding the remedial orders sought by
Complainants in the Verified Complaint, pursuant to Commission Rule 2lO.8(b).

Please contact me with any questions regarding this filing.

Page 3

Dated: November 30, 2017
Respectfully s ' ed,

S. Alex Lasher
Counselfor Complainant Qualcomm
Incorporated

Enclosures

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777 Sixth Street N\N, nth Floor, VVashing1:on, District of Columbia 1ooo1e37o6 TEL (202) 538/8000 l FAX (zoz) ';38»~81oo

wRl'FER'S DIRECT DIAL NO.
(202) 538-8104

WRlTER'S INTERNET ADDRESS
alexlasher@quinnemanuel.com

REQUEST FOR CONFIDENTIAL TREATMENT

November 30, 2017

VIA HAND DELIVERY

The Honorable Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW ~ Room 112
Washington, DC 20436

Re: Certain Mobile Electronic DevicesAnd Radio Frequency And Processing Components
Thereof

Dear Secretary Barton:

Pursuant to Commission Rule 201.6, Complainant Qualcomm Incorporated respectfully
requests confidential treatment of certain confidential business information contained in
confidential exhibits 12C-16C and 18C-23C to the Verified Complaint.

The information in the exhibits for which Complainant seeks confidential treatment
consists of proprietary commercial information, including confidential and proprietary licensing
information, technical information related to domestic articles protected by Complainant’s
asserted patents, technical infonnation related to accused products articles obtained from
nonpublic teardowns, and financial data regarding Complainant’s domestic investments in plant
and equipment and labor and capital related to domestic articles protected by Complainant’s
asserted patents.

The proprietary infonnation described herein qualifies as confidential business
information under Commission Rule 201.6 because substantially-identical information is not
available to the public, because the disclosure of this information would cause substantial
competitive harm to Complainant, and because the disclosure of this information would likely
impede the Commission’s efforts and ability to obtain similar information in the future.

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Thank you for your attention. Please contact me with any questions regarding this
request for confidential treatment.

Dated: November 30, 2017

Respectfully sub ' ,

S. Alex Lasher
Counselfor Complainant Qualcomm
Incorporated

Enclosure (Certification)

I have reviewed confidential exhibits 12C-16C and 18C-23C to Complainant’s Verified Complaint. declare as follows l. I am duly authorized by Complainant to execute this certification. S. 337-TA-__ DEVICES AND RADIO FREQUENCY AND PROCESSING COMPONENTS THEREOF CERTIFICATION I. founded after a reasonable inquiry. Executed this 30th day of November. S. UNITED STATES INTERNATIONAL TRADE COMMISSION ~ WASHINGTON. 2017 in Washington. I declare under penalty of perjury that the foregoing is true and correct. lex Lasher . 3.C. and belief. In the Matter of CERTAIN MOBILE ELECTRONIC Inv. To the best of my knowledge. information. Alex Lasher. counsel for Complainant Qualcomm Incorporated. DC. D. substantially-identical infonnation to that contained in the exhibits is not available to the public. N0. for which Complainant seeks confidential treatment. 2.

UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON. D. ln the Matter of CERTAIN MOBILE ELECTRONIC Investigation N0. 337-TA­ DEVICES AND RADIO FREQUENCY AND PROCESSING COMPONENTS THEREOF COMPLAINANT’S INITIAL STATEMENT ON THE PUBLIC INTEREST .C.

7-9. transfer. Patent No. Patent No. and/or claims 1. Patent No. 8. demonstrating.154.S.S. Patent No. marketing. admitting or withdrawing from a foreign trade zone. and none is essential to a promulgated standard. l .S. bundling. No exceptional circtmistances exist to preclude Qualcomm from obtaining the remedial relief to which it is entitled under Section 337. packaging. The accused mobile electronic devices are the types of products commonly before the Commission and have been the subject ofpast remedial orders. soliciting U. and 36 of U. 17. none was declared essential to a standards development body. 10-12. (“Apple”). and/or claims 1-3.356 (“the ’356 patent”). Qualcomm also seeks permanent cease and desist orders prohibiting Apple. Complainant Qualcomm Incorporated (“Qualcomm”) respectfully submits this Statement on the Public Interest regarding the remedial orders that Qualcomm seeks against Proposed Respondent Apple Inc. warehousing inventory of.473. 10.S. 1None of the asserted patents is a Standards Essential Patent (“SEP”). repackaging.8(b). 11. 18. and/or claims 1. distributing. 5-8. 9. Qualcomm seeks a permanent limited exclusion order excluding from entry into the United States certain mobile electronic devices that do not incorporate a Qualcomm brand baseband processor modem and that infringe one or more of claims 1. programming. 8. or distribution of its infringing mobile electronic devices and do not include a Qualcomm brand baseband processor modem.S. testing. 12. 9. its subsidiaries. 11. and agents from conducting any of the following activities in the United States: importing.002 (“the ’0O2patent”).063.693.S. sale for importation. 17 and 18 of U. Pursuant to Commission Rule 210. updating. agents or distributors for.4. and 22 ofU. 31. or aiding and abetting other entities in the importation.674 (“the ’674 patent”). selling. 7.33. offering for sale. 16-18. related companies. licensing.23. sale after importation. 21. and/or claim 4 ofU. 9. 7.336 (“the ’336 patent”). and 22-24 of U. Patent No. advertising.552.633 (“the ’633 patent”). 20.1 either literally or under the doctrine of equivalents.

this investigation does not present any unique public interest concerns that would require the Commission to deviate from its practice of issuing remedial orders covering infringing mobile electronic devices.I. INTRODUCTION The Commission has long recognized a strong public interest in protecting the intellectual property rights of innovative domestic companies such as Qualcomm. 2013). Section 337 was designed to protect companies like Qualcomm from the unauthorized use of their patented technology and to prevent infringement through unfairly traded imports. and Tablet Computers. 2011). (Dec. No. ’ Qualcomm’s patents (which here are not SEPs) entitle it to prevent others from infringing. but Apple has no inherent right to infringe Qualcomm’s NSEPs through the sale of its iPhones. Inv. Portable Music. Certain Electronic Digital Media Devices and Components Thereof. Certain Personal Data and Mobile Communications Devices and Related Software.(Sept. 29. Accordingly. is the very purpose for which the patent system was designed. e. Inv. and Data Processing Devices. Qualcomm’s enforcement of its intellectual property rights is consistent with this purpose. consumers would not face any potential shortage of like or directly competitive products. Inv. Preventing such infringement. 6. and thereby rewarding innovation. No. (July 5. No. (2) any demand for the products that would be subject to the requested remedial orders could be filled by Apple mobile electronic devices that include Qualcomm brand baseband processor modems. Certain Electronic Devices. and (3) U. 2 . 2013).. Comm’n!Op.g. See. Apple can import iPhones (regardless of who supplies the modems) that do not infringe the patents asserted in this action. Qualcomm’s requested remedial orders raise no public interest concerns because: (l) the accused products do not serve any essential public health or welfare objective. 337-TA-710. Including Wireless Communication Devices. 337-TA-796. 337-TA-794.S. Comm’n Op. Indeed.. Comm’n Op. That is the case here.

Bond.g.II. is highly competitive with a diverse field of participants offering products that directly compete with Apple’s accused products.. See Electronic Digital Media Devices. Comm’n Op. Apple itself sells mobile electronic devices that use a Qualcomm 3 . Apple’s Public Interest Statement at 2 (Aug. IV. Personal Data and Mobile Communications Devices. including mobile phones and tablet computers that infringe one or more claims of the Asserted Patents. safety or Welfare concerns. at 76. and Public Interest at 19 (June l 1. at 109.S. safety. See. And Apple has echoed this sentiment in previous investigations.S. nor are they the type of products that affect public health and welfare”). USE OF THE ACCUSED PRODUCTS IN THE UNITED STATES The accused products are Apple’s imported mobile electronic devices that do not incorporate a Qualcomm brand baseband processor modem. These products are manufactured abroad and sold to consumers throughout the United States. Electronic Devices. and could easily ramp up production to replace any excluded Apple products. THE ACCUSED PRODUCTS DO NOT PRESENT ANY PUBLIC HEALTH. Third parties sell more than half of the smartphones in the U. which the Commission has consistently found do not present public health. at 114-115. safety. safety. Comm’n Op. NUMEROUS LIKE OR DIRECTLY COMPETITIVE ARTICLES ARE AVAILABLE TO SATISFY DEMAND FOR THE EXCLUDED PRODUCTS ‘ The sale of mobile electronics in the U. or welfare applications. or welfare concerns”). e. Electronic Digital Media Devices. III. Personal Data and Mobile Communications Devices. The accused products are common consumer goods. 2013) (mobile electronic devices “do not have any specialized public health. Apple’s Submission on Remedy. SAFETY. OR WELFARE CONCERNS RELATING TO THE REQUESTED REMEDIAL ORDERS There are no public health. or welfare considerations that weigh against remedial relief. Comm’n Op. 25. 201 1) (mobile electronic devices “do not implicate any particular public health.

VI. Accordingly. including products sold by Apple that include Qualcormn brand baseband processor modems. U. there will be no reduction in consumer choice.S. consumers will continue to have numerous available options for mobile electronic devices.2009).brand baseband processor modem. 4 . REMEDIAL ORDERS WOULD NOT NEGATIVELY IMPACT U. if the Apple accused products are excluded. especially because of the significant number of manufacturers that can readily satisfy any new demand created by issuance of the requested remedial orders. Inv. No. V.S. CONSUMERS As previously discussed. Containing Same & Methods of Using Same. Further. at 15 (Apr. That interest is not outweighed by any hypothetical adverse impact to the U.S. the Commission should institute this investigation. Thus. public. Issuance of the requested remedial relief against Apple’s accused products will support the strong public interest in protecting intellectual property rights held by highly innovative companies like Qualcomm. 337#TA-617. which could replace any accused products subject to an exclusion order. Comm'n Op. See Certain Digital Televisions & Certain Prods. remedial orders would not have any negative impact on competitive production in the United States because the accused products and their replacements are manufactured overseas. CONCLUSION This investigation does not present any special public interest issues. 23.

2017 L4 Respectfully submitted. Pak QUINN EMANUELURQUHART & SULL|vAN.: (212) 849-7000 Sean S.: (415) 875-6600 Tom M. Suite 2450 Chicago. LLP 50 California Street.: (202) 467-6300 Evan R. Wesley Earnhardt Yonatan Even Vanessa A. 12th Floor Washington.L. 11th Floor Washington. Illinois 60661 Te1. CA 94111 Te1. Erwine Alexander Rudis Patrick Curran QUINN EMANUEL URQUHART & SULLIVAN. LLP 777 6th Street NW.Dated: November 30.: (312) 705-7400 Steven Cherny Richard W. Alex Lasher QUINN EMANUEL URQUHART & SULLIVAN. NY 10010 Te1.W. MASTRIANI & SCHAUMBERG. Nelson Stephen Swedlow QUINN EMANUEL URQUHART & SULLIVAN. 1133 Connecticut Avenue.. Schaumberg Deanna Tanner Okun Beau Jackson ADDUCI. 22nd Floor New York.P. LLP 500 West Madison St.: (202) 538-8000 David A. Stark Gary A.L. N. S. Lavely 5 . Chesler Keith R. 22nd Floor San Francisco. Bomstein J. LLP 51 Madison Avenue. DC 20036 Te1. DC 20001 Te1.. Htunmel Richard J.

: (212)474-1000 Richard S.CRAVATH. NY 10019 Tel. TX 77010 Tel. Suite 5100 Houston. Hall Daniel S. Leventhal Talbot R. Zembek Eric B. Hansum NORTON ROSE FULBRIGHTUS LLP Fulbright Tower 1301 McKinney. 825 Eighth Avenue New York.: (713) 651-5151 Counselfor Complainant Qualcomm Incorporated 6 . SWAINE& M00115 LLP Worldwide Plaza.

Illinois 60661 Tel.: (312) 705-7400 Steven Cherny . Alex Lasher QUINN EMANUEL URQUHART & SULLIVAN.: (202) 538-8000 \ David A. 337-TA­ CERTAIN MOBAILEELECTRONIC DEVICES AND RADI0 FREQUENCY AND PROCESSING COMPONENTS THEREOF COMPLAINT UNDER SECTION 337 OF THE TARIFF ACT OF 1930.. LLP 777 6th Street NW. AS AMENDED 7 Complainant Proposed Respondent Qualcomm Incorporated Apple Inc. UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON.C. (858) 587-1121 ‘ Tel. llth Floor Washington. (408) 996-1010 Counselfor Complainant Qualcomm Incorporated S. 5775 Morehouse Drive 1 Infinite Loop San Diego. Nelson Stephen Swedlow QUINN EMANUEL URQUHART & SULLIVAN. Suite 2450 Chicago. DC 20001 Tel. CA 92121 Cupenino. In the Matter of Investigation No. D. CA 95014 Tel. LLP 500 West Madison St.

DC 20036 Tel. Pak QUINN EMANUEL URQUHART & SULLIvAN.: (202) 467-6300 Evan R.. Zembek Eric B.P. Stark Gary A. NY 10019 Tel. NY 10010 Te1. SWAINE & MOORE LLP Worldwide Plaza.: (713) 651-5151 . MASTR1ANI& SCHAUMBERG. Schaurnberg Deanna Tanner Okun Beau Jackson ADDUCI. LLP 51 Madison Avenue. TX 77010 Tel. Leventhal Talbot R. Wesley Earnhardt Yonatan Even Vanessa A. Suite 5100 Houston.Richard W. Lavely CRAVATII. Bornstein J. 825 Eighth Avenue New York. Hummel Richard J. Hansum NORTONRoss FULBRIGHTUS LLP Fulbright Tower 1301 McKinney.: (415) 875-6600 Tom M. Chesler Keith R. L. 22nd Floor San Francisco. 12th Floor Washington.: (212) 474-1000 Richard S.W.: (212) 349-7000 Sean S. 1133 Connecticut Avenue.L. LLP 50 California Street. 22nd Floor New York. Erwine Alexander Rudis Patrick Curran QUINN EMANUEL URQUHART & SULLIVAN. N. CA 94111 Tel. Hall Daniel S.

................................................................ ...l3 1................................................................ ...... ....................16 1.............. ............ ...... Non-Technical Description of the ’356 Patent ........ 13 2............ .8 B............................... The ’674 Patent ................................... ................................... The ’356 Patent . .............. Identification and Ownership of the ’356 Patent ....... ................................................ TABLE OF CONTENTS Page INTRODUCTION ............... Apple Inc... ............................................................................................... ............8 THE TECHNOLOGIES AND PRODUCTS AT ISSUE ..... . Foreign Counterparts to the ’336 Patent .............................1 PARTIES ......... ....................................................... ................................... .... The ’336 Patent .............14 3............................... Foreign Counterparts to the ’674 Patent .......17 i ..............4 B...... Non-Technical Description of the ’336 Patent .......16 2.......15 2........................ ......NVENTlONS .............................................................8 THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS OF THE I............ .......................................13 A....................... Identification and Ownership of the ’O02Patent ...... 14 B.... .......................................................... ....... ............. Identification and Ownership of the ’336 Patent .............................. ............................ Products At Issue ............ ....... 17 1.. ..................... Background Of The Technology .......l5 3................................. Identification and Ownership of the ’674 Patent ................ .........................................8 A............................. ....................................... Non-Technical Description of the ’674 Patent ....... ................17 3.............4 A......................................................... .......... .... .......15 C........ ... .......................... ....... ................. Qualcomm Incorporated .......................17 D....................... The ’OO2Patent .................. Foreign Counterparts to the ’356 Patent ... ..15 1......................... .......... .........................

........... Infringement of the ’002 Patent ........... 3............... Infringement of the ’674 Patent .................................. X.......... RELIEF REQUESTED ......................... . Infringement of the ’633 Patent .... 2..... Foreign Counterparts to the ’002 Patent ........................ 3............... . VIII...................... F...................................................... APPLE’S INFRINGEMENT OF THE ASSERTED PATENTS ............. Infringement of the ’356 Patent .. .................. ................................ ............... Economic Prong ..................................................... .............................................. .. Non-Technical Description of the ’633 Patent ... Non-Technical Description of the ’002 Patent ............ ........................................... .............................. B..... ..................... .................. Identification and Ownership of the ’633 Patent ............ ... Technical Prong .......................... E....... B....................... V...................... VII HARMONIZED TARIFF SCHEDULE NUMBERS ......................... ...... SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE ........................................... .............................................. E.................. 1................. VI.................. IX.... ........ . THE DOMESTIC INDUSTRY RELATING TO THE ASSERTED PATENTS A.......................................... 2................ The ’633 Patent ................. D.. RELATED LITIGATION .......................... Licensees to the Asserted Patents ....... ii ........................................ C...................... A..... ........... Foreign Counterparts to the ’633 Patent . Infringement of the ’336 Patent .................................... ...............................

473.693.633 10 Assignment Records for U. 8.356 Assignment Records for U.063.002 9 Certified Copy of U. 9. 9. 7.674 Assignment Records for U. Patent No. Patent N0. Patent No. 9.356 Certified Copy of U. Patent No.154.336 Assignment Records for U.154. 8. Patent No. Patent No.S. Patent No.~ EXI-HBIT LIST Certified Copy of U.063. Patent No.S.002 Assignment Records for U. 9.S. 9.S.S. Patent No.633 ll List of Foreign Counterparts 12C Confidential List of Licensees to One or More of the Asserted Patents 13C Confidential Representative Infringement Claim Charts for the ‘356 Patent 14C Confidential Representative Infringement Claim Charts for the ‘336 Patent 15C Confidential Representative Infringement Claim Charts for the ‘674 Patent 16C Confidential Representative Infringement Claim Charts for the ‘O02Patent 17 Representative Infringement Claim Charts for the ‘633 Patent 18C Confidential Declaration of Tim Durkin Regarding Economic Domestic Industry 19C Confidential Representative Domestic Industry Claim Charts for the ‘356 Patent 20C Confidential Representative Domestic Industry Claim Charts for the ‘336 Patent 21C Confidential Representative Domestic Industry Claim Charts for the ‘674 Patent I 22C ConfidentialRepresentative Domestic Industry Claim Charts for the ‘O02Patent 23C Confidential Representative Domestic Industry Claim Charts for the ‘633 Patent 24 October 2016 Earnings Call 25 Importation Declaration 26 Apple 2017 10K iii . Patent No.S.693.552.552. 9.473.S.S.336 Certified Copy of U.674 Certified Copy of U. 7.S.S.

PHYSICAL EXHIBIT LIST 3 l P1 | Agple iPhone 7 _ P2 | Apple iPhone 8 P3 | AQp1eiPh0ne 7 Plus iv .

693. 7.473. 9. 7.356 Certified Prosecution History of U.154.S.S. Patent No. Patent No.693.002 Patents and Applicable Pages of Technical References Mentioned in the Prosecution History of U. Patent No. 8.336 Patents and Applicable Pages of Technical References Mentioned in the Prosecution History of U.063.473. Patent No. 9.336 Certified Prosecution History of U.356 Patents and Applicable Pages of Technical References Mentioned in the Prosecution History of U.633 V . Patent No.674 Patents and Applicable Pages of Technical References Mentioned in the Prosecution History of U. Patent No. 9. APPENDIX LIST E»ea f seasat. Patent No.S.674 Certified Prosecution History of U. 1 Certified Prosecution History of U.S.633 Patents and Applicable Pages of Technical References Mentioned in the Prosecution History of U. Patent No. 9.154.552.063.002 Certified Prosecution History of U.S. 9. Patent No.S.S. Patent No.S.552.S.S. 9. 8.

‘ including mobile phones that infringe one or more of claims 1. 18. 7. ll. 33.I.154. Patent N0. § 1337. This complaint is directed to Apple’s imported mobile electronic devices that do not incorporate a Qualcomm brand baseband processor modem. as amended. and 18 of U. the “Asserted Patents"). either literally or under the doctrine of equivalents. 9.S. Complainant Qualcomm Incorporated (“Qualcomm" or “Complainant”) respectfully files this complaint under Section 337 of the Tariff Act of 1930. 31. Apple’s mobile electronic devices that do incorporate a Qualcomm brand baseband processor modem are not the subject of this complaint. and Complainant will not seek enforcement of any 1TCremedial order that issues as a result of this Investigation against products that contain a Qualcomm brand baseband processor modem. 5-8. Patent No. 16-18. 3. 2.552.S. and distributed by Qualcomm and its affiliates. 11. 10.S. 2. 20. Patent No. INTRODUCTION ' 1. and/or claims 1-3.356 (“the ’356 patent”). sale for importation into the United States.674 (“the ’674 patent").336 (“the ’336 patent”). 8. 22. 9. and/or claims 1. sold.473. 32. 1 Qualcomm brand baseband processor modems are designed.’s (“Apple” or “Resp0ndent”) unlawful importation into the United States. including mobile phones. and/or claim 4 of U. 10-12.S. and 22 of U. 7. and/or claims 1. and 36 of U. 9. based on Proposed Respondent Apple Inc. Patent No.S. l9 U. 9. and 22-24 of U. 8.002 (“the ’0O2 patent”). 8.C. 23. 21. 4. Patent N0.063.633 (“the ’633 patent”) (collectively. 21. The only products at issue in this complaint are Apple’s mobile electronic devices that do not incorporate a Qualcomm brand baseband processor modem (“Accused Devices”). and/or sale within the United States after importation of certain mobile electronic devices. l . 3. 17.693.S. 12. 7. 17.

more than two-thirds of Whom are engineers. 33. 17. 24 I 6. 9. 2. 12. 11.11. 10.11.356 1. 2 . 3.473.22 7. 36 9. Exemplary models of Apple’s mobile electronic devices at issue in this complaint include the Apple iPhone 7. l v 4.154.063..552. 17. 18. 3.21. Since its founding in 1985. 4. 31. and Apple iPhone X that do not incorporate a Qualcomm brand baseband processor modem? V 5. 9. \ 2 The identification of a specific model or type of mobile electronic device is not intended to limit the scope of the investigation. 23. The following table provides a summary of the asserted claims of the Asserted Patents (independent claims in bold): = . 8.336 8. where it now employs over 18. is a global semiconductor and telecommunications company that designs and markets wireless telecommunications products and services. 7. Califomia.21. based in San Diego. 8.18 9.002 1. 20.693.674 6 7 8 12 16 17 l8. It is the largest domestic provider of telecommunications chipsets and software. These market-changing innovations have allowed Qualcomm to grow into onc of the largest technology companies in the United States. Apple iPhone 8 Plus. Apple iPhone 7 Plus. 32. Qualcomm. 22. 22. Discovery may reveal that additional Apple products infringe the asserted patent claims and/or that additional claims are infringed.l *1 . Apple iPhone 8. 2.1O. 7. 23.000 people. Qualcomm has invested billions of dollars in the‘United States researching and developing innovations that have enabled wireless telecommunications and countless mobile technologies.633 1.

including providing better battery life. On information and belief. enabling not only Apple’s mobile electronic devices. Qualcomm’s patented technologies allow Apple’s mobile electronic devices to send and receive vast amounts of data at lightning speed. (Ex. imported into the United States. 11. 7."). Y Qualcomm helped pioneer advances at the heart of cellular connectivity. Qualcomm also invented critical technologies improving functions throughout every modern cellular device. Further. but also the entire smartphone revolution. 10. the Accused Devices are manufactured and/or sold for importation into the United States. Apple’s unlicensed and unauthorized use of Qualcomm’s technology—including the technology disclosed in the Asserted Patents--to import and sell mobile electronic devices in the United States constitutes an unfair act within the meaning of Section 337. Apple rose to dominance relying heavily on Qualcomm’s technology that enables numerous important features on the iPhone. significant 3 . and/or sold after importation into the United States by or on behalf of Apple.) 9. 24. 8. the iPhone’s value to customers is driven by its Qualcomm-enabled ability to connect with and transfer data over networks at rapid speeds. April/October 2016 statements (“There are enormous investments going on in 4G. Qualcomm’s inventions make mobile electronic devices desirable to consumers in their daily lives. Apple CEO Tim Cook has confirmed on multiple occasions the heavy dependence of the iPhone on high-speed cellular connectivity for its success. Indeed.S. A domestic industry as required by 19 U. Qualcomm’s domestic industry includes significant investments in plant and equipment. and we couldn't be more excited about that because it really takes a great network working with iPhones to produce that great experience for people.C. § 1337(a)(2) and (3) exists in the United States relating to articles protected by Qualcomm’s Asserted Patents.

employment of labor and capital.S. distributing. California 92121. sale for importation. programming. Qualcomm further seeks a permanent cease and desist order under 19 U. and substantial investments in the exploitation of the inventions claimed in Qualcomm’s Asserted Patents. packaging. San Diego.S. 14.C. testing. research. and/or sold in the United States after importation by or on behalf of Apple. warehousing inventory of. 4 . updating. Qualcomm further seeks the imposition of a bond upon importation of Accused Devices that infringe one or more claims of the ASS6l'Il€C1 Patents. Qualcomm Incorporated 15. 16. PARTIES A. Qualcomm was founded in 1985 when seven industry visionaries came together to discuss the idea of providing quality wireless communications. agents or distributors for. sold for importation into the United States. and development. sale after importation. § 1337(j).C. with its principal place of business located at 5775 Morehouse Drive. during the 60-day Presidential review period pursuant to 19 U. marketing. Qualcomm Incorporated is a publicly-traded corporation organized and existing under the laws of the State of Delaware. 13. offering for sale. bundling. licensing. demonstrating.C.S. repackaging. or distribution of its infringing Accused Devices.S. or aiding and abetting other entities in the importation. Qualcomm seeks as relief a permanent limited exclusion order under 19 U. including through engineering. selling. admitting or withdrawing from a foreign trade zone. II. or Accused Devices that are manufactured abroad. advertising. § 1337(f) prohibiting Apple from importing. For more than 30 years. 12. § 1337(d) barring from entry into the United States infringing Accused Devices. transfer. soliciting U.

From its inception.5 million sq. 19. Today. As a result of its unparalleled commitment to research and development. 17.g. Since its founding. and occupies more than 92 buildings (totaling over 6. Qualcomm is an innovator at both the software level (e. and selling innovative semiconductor and cellular technologies and products for the telecommunications and mobile industries. Because of this ongoing investment. At the core of Qualcomm’s business is its industry-leading research and development focused on enabling cellular systems and products. Qualcomm is one of the largest technology. ft.g. semiconductor. industry-leading software that runs on a variety of different mobile devices) and at the hardware level (e. 5 .. Qualcomm has a diverse patent portfolio. 68 l percent of whom are engineers. innovative chips that enable cutting-edge performance and features in mobile ! devices). and telecommunications companies in the United States. Qualcomm’s massive research and development investments have produced numerous innovations. 18. designing.) in seventeen states and the District of Columbia. developing. wireless communications systems. Qualcomm has invested tens of billions of dollars in research and development related to cellular.000 employees. wireless communications. Qualcomm has specialized in innovations to improve digital. and mobile processor technology. The vast majority of Qualcomm’s research and development occurs in the United States. l Qualcomm has been in the business of researching. where it has over 18.. Qualcomm continues to drive the development and commercialization of successive l generations of mobile technology and is one of a handful of companies leading the development of the next-generation 5G standard.

A standard-essential patent (“SEP”) is a patent that is technically necessary to practice a feature of an industry standard.860 U. 24. and coverage. 25. battery life. but an NSEP may cover an invention that provides important functionality and value to cellular devices or systems and may be highlydesired by consumers. communication systems and methodologies face the fundamental challenge of allowing mobile devices and network equipment to share the capacity of any given portion of the radio spectrum while still meeting performance requirements. A non-standard-essential patent (“NSEP”) is not technically necessary to practice any feature of an industry standard. 21. patents. maximum data rate. Additionally. Thus. cellular networks are expensive to deploy and operate. Qualcomm owns tens of thousands of SEPs and NSEPs worldwide. 6 . patents that are “essential” to other standards.S. such as the Apple iPhone. 23. suppliers. As a result of its decades-long commitment to cellular and other mobile R&D. or network operators. cellular device manufacturers. l l 20. Qualcomm now holds over 19. average data rate. The speed and volume of cellular communications are constrained by the radio spectrum over which voice and data travel. including the Asserted Patents in this investigation. Qualcomm’s patent portfolio includes patents that are “essential” to cellular standards. 22. Cellular communications pose multiple engineering challenges for cellular systems and mobile devices. and patents that are not essential to any industry standard but reflect valuable non-standardized technologies. All five ASSBI"[6dPatents are NSEPs covering Qualcomm’s proprietary technology and are not necessary to practice any feature of an industry standard. as well as by performance requirements such as voice quality. call drop rate.

. Ethernet. and other electronic devices. and other chipsets. which combine multiple technologies. including Bluetooth. as well as the tools to connect these diverse technologies. and graphics engines. Qualcomm’s chipsets support other wireless and wired connectivity and positional l technologies. In addition to 3G and 4G LTE technologies. lightweight. which are the technologies that Qualcomm has spent 30 years developing. tablets. 27. for use in consumer products such as smartphones. and GLONASS. onto a single semiconductor chip. Qualcomm l works with base station partners to verify the operation and performance of the MTPs. and testing through its use of Mobile Test Platforms (“MTPs”). The usefulness of any cellular device depends on these enabling technologies. The software and hardware that power mobile electronic devices must make the most efficient use of the scarce spectrum available while working within the size and power constraints of the devices. along with third-party chips into a physical device used for testing and analysis. including advanced multimode modems. development. and efficient. For example. A substantial portion of Qua1comm’s research and development activities also have been directed to its cutting-edge integrated circuit chipsets. GPS. I 1 I 26. Qualcomm’s technology has also evolved into some of the most advanced systems-on-chips integrating multiple technologies. which are manufactured in the United States at Qualcomm’s facilities and incorporate Qualcomm’s modems. processors. application processors. which need to be small. 28. Qualcomm also conducts research. 7 Qualcomm sells these MTPs to its customers and shares schematics and test results with potential and existing customers based on this MTP analysis. Cellular technologies must also address further challenges regarding mobile I r devices and how they interact with the network. including graphics engines. application processors. and multimode modems. 7 | I .

Apple iPhone 8. the Accused Devices include. Apple Inc. Apple does not have a license from Qualcomm to the Asserted Patents. including devices sold under the tradenames Apple iPhone 7. Apple iPhone 8 Plus.l2(a)(l2). The technologies at issue in this investigation are an innovative collection of technologies for power management and performance enhancements in mobile electronic devices. certain mobile electronic devices that do not include a Qualcomm brand baseband processor modem. 29. including devices sold under the tradenames Apple iPhone 7. Pursuant to Commission Rule 2l0. B. Products At Issue 33. is a California corporation with a principal place of business at l Infinite Loop. develops. 30. 8 . imports into the United States. structure. These technologies relate to various aspects and features of mobile devices. 31. Cupertino. offers for sale. Background Of The Technology _ 34. Apple iPhone 7 Plus. I 32. Apple designs. Apple had nothing to do with creating the technology that forms the backbone of the cellular industry. 95014. Apple iPhone 7 Plus. While Apple’s mobile electronic devices are ubiquitous today. California. that infringe one or more claims of the Asserted Patents. and Apple iPhone X. III. On infonnation and belief. including the design. without limitation. and Apple iPhone X. and sells in the United States after importation infringing mobile electronic devices. Apple iPhone 8 Plus. and operation of products with enhanced carrier aggregation functionality. Apple iPhone 8. sells for importation into the United States. Apple is a dominant seller in both the global and domestic markets for mobile electronic devices. tests. THE TECHNOLOGIES AND PRODUCTS AT ISSUE A. B. Apple Inc.

Instead of transmitting data in time slots. 38. Each new generation of cellular technology has depended on countless inventions from a small number of innovators around the world. including the development and commercialization of each successive generation of cellular technology from second-generation (2G) technologies through the upcoming fifth-generation (SG) technologies. power-efficient processor and memory architectures. 36. causing interference and dropped calls. which was fundamentally limited and prohibitively expensive. By the mid-to-late 1980s. and then sent “packets” of compressed data associated with multiple conversations in rotation in that same frequency. a digital technology called Time Division Multiple Access (“TDMA”) had been developed. CDMA offered far better call clarity than TDMA and promised to accommodate roughly ten times as many calls on a single network compared to an analog system. CDMA allows a large number of users 9 . TDMA digitized and compressed callers’ voices.power-efficient radio frequency (RF) signal reception. the European Union determined that its wireless networks would use a TDMA standard known as the Global System for Mobile communications (“GSM”). and signals often crossed into neighboring frequencies. and image processing. divided a given frequency channel into time slices. In 1989. Qualcomm publicly announced its groundbreaking Code Division Multiple Access (“CDMA”) technology. none more significant than Qualcomm. By the late 19805. The first commercial cell phone networks were deployed in 1983. Call quality was poor. 37. Qualcomm has been at the forefront of advancing wireless communications and mobile device technologies. thus enabling multiple users and conversations to share the same frequency. These first generation (IG) networks relied onanalog technology. 35.

OFDM became the basis for the 4G standards broadly known as Long-Term Evolution (“LTE”). Individual calls are encoded.75G” standards. transmitted. Ultimately. it began working on a 3G solution that could provide improved data transmission. sharing the same frequency channel.to communicate at the same time. Qualcomm also began researching 4G technologies years before those technologies were standardized. By the mid-1990s. 41. and then decoded and reassembled on the receiving end. ' 40. Based in large part on Qualcomm’s innovations. This led to the adoption of “3. 3G technology became significantly more advanced in its later years with the releases of major enhancements to Wideband Code Division Multiple Access (“WCDMA”) technology. CDMA technology had been widely accepted. As various industry players worked on 4G technologies. It was the development of 3G and 4G technologies—enabled in large part by Qualcomm—that allowed smartphones to send and receive vast amounts of data at lightning 10 . Data associated with different conversations (or data transmissions) are distinguished from one another through the use of codes. This innovation once again expanded network space and vastly boosted data rates. 42. reliability and network efficiency. identified. and a decade before their significant commercial rollout. Led by Qualcomm’s efforts. As the industry grew.5G” and “3. which significantly increased data speeds and were critical to the smartphone revolution. the mobile industry was thriving by the late l990s. Qualcomm made fundamental contributions such as the application of Orthogonal Frequency Division Multiplexing (“OFDM”). 39. all new 3G variations that achieved commercial importance were fundamentally based on Qualcomm’s CDMA method.

Qualcomm’s massive investments in enhanced carrier aggregation. Qualcomm’s core chip products for mobile electronic devices are: (1) Baseband Modem chips. power-efficient processor and memory architectures. image processing. effective signal transmission. better carrier aggregation. Qualcomm was the first to make LTE chips available to device makers and continues to offer the best quality modem and LTE chips with enhanced capabilities. all while using minimal power. Qualcomm has driven and continues to drive the development ll . and chip product development have facilitated the development of enhanced power consumption in mobile products. 43. (2) Radio Frequency (“RF”) chips. power-efficient radio frequency (RF) signal reception. which process received voice and data information and prepare the same for transmission. and the proliferation of suppliers offering LTE chipsets. Indeed. LTE technology.speed and propelled smartphones (including the iPhone) to become the fastest-selling consumer electronics devices in history. Qualcomm profoundly understands the pressing need of mobile devices capable of high performance computing. and (5) chipsets that include a combination of the above products as well as other hardware elements to support the functionality of mobile electronic devices. (3) Power Management chips. and powerful image processing. Qualcomm also expends considerable effort and resources toward the research and development of various customized integrated circuits known as Application Specific Integrated Circuits (“ASICs”) for use in mobile electronic devices. power management circuitry. As a longstanding worldwide leader in mobile technology innovation. Qualcomm continues to be a leading contributor to LTE. 44. which transmit and receive radio signals Iusing multiple frequencies. (4) applications processors. 4G in wireless communications. Today. which optimize power consumption across mobile electronic devices. which act as the central processing unit of the mobile electronic devices.

In particular.” 12 . 45. As yet another example. among others. Apple has touted the capability of its newest mobile electronic devices to support “carrier aggregation” technology. and advanced image processing using depth mapping. carrier signal grouping and amplification. but to also drive consumer demand for new mobile electronic devices. processor performance and efficiency. signal interference.of mobile technologies and modems to not only benefit consumers. power-efficient processor and memory architectures. such as the solution set forth in the ’356 patent. device manufacturers have faced numerous problems with power consumption. As mobile electronic devices have become more powerful with greater functionality. The technologies of the Asserted Patents solve many of these problems by enhancing the performance of mobile electronic devices in a power-efficient manner through advanced carrier aggregation. The Asserted Patents reflect Qualcomm’s dedication and investment in research and development relating to wireless technology and mobile devices. power­ efficient radio frequency (RF) signal reception. 46. such as the solution set forth in the ’336 patent. Individual carriers that are aggregated for use by a single user are often called “component carriers. For example. routing complexity. This means that a mobile device can receive portions of a single input on multiple carriers at the same time to increase the bandwidth of a user? Qualcomm pioneered and patented technologies that allow carrier aggregation to be utilized with less wasted power. 47. and image processing. and with less routing complexity and signal interference. Qualc0mm’s ’674 and ’O02patents provide innovative designs for a computing device’s processor and memory that lower the device’s power 3 The term “carriers” refers to the frequency bands for transmitting data. Qualcomm developed various techniques and hardware designs to efficiently receive RF signals.

IV. As a final example. In doing so. 48. the ’633 patent enabled mobile device cameras to achieve the “bokeh” effect. 5 Assignment records for the Asserted Patents are attached hereto as Exs. The ’674 patent relates to a design of a power-on­ control (POC) component of a processor that dynamically controls current capacity.356. title. Qualcomm presents these statements subject to and without waiver of its right to argue that Claim terms should be construed in a particular way under claim interpretation jurisprudence and the relevant evidence. 2015 and named Aleksandar Miodrag Tasic and Anosh Bomi Davierwalla as co­ 4 All non-technical descriptions of the patents herein are presented to give a general background of those patents. Identification and Ownership of the ’356Patent 49. 6.consumption and improve performance. 13 . The ’002 patent discloses an efficient memory array design that reduces delay and clock power consumption and thereby also saves power and increases speed. 8. 2. Qualcomm‘s ’633 patent discloses a solution for enhancing a particular portion of an image on a mobile device by using depth information computed from two views of the same scene. and interest in United States Patent No. resulting in a power-efficient architecture for detecting power on/off states. THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS OF THE INVENTIONS4 A. The ’356 Patent 1.154. 9. a popular image enhancement effect that emphasizes portions of a scene and gives a 3D effect to the image . and 10. titled “Low Noise Amplifiers for Carrier Aggregation. Both allow devices to be more efficient. 4.” which issued on October 6. Certified copies of the same have been ordered and will be provided as soon as possible. resulting in increased battery life for the device. Qualcomm owns by assignment5 the right. These statements are not intended to be used nor should they be used for purposes of patent claim construction.an advanced effect that normally requires bulky and expensive full-featured cameras and/or powerful lenses.

As a result of the invention of the ’356 patent. Copies of each patent and applicable pages of each technical reference mentioned in the prosecution history of the ’356 patent are included as Appendix B. withdrawn. or rejected. corresponding to the ’356 patent. 50. The topologyflexibly supports multiple I/Q mixer/downconverter loads for a corresponding number of component carriers at different frequencies. with an indication of the prosecution status of each such patent application. No other foreign patents or patent applications corresponding to the ’356 patent have been filed. 2012. A copy of the assignment from the named inventors to Qualcomm is attached as Exhibit 2. abandoned.423. Exhibit 11 lists each foreign patent and each pending foreign patent application (not already issued as a patent). A certified copy of the prosecution history of the ’356 patent is included as Appendix A. The ’356 patent discloses a multi-stage LNA circuit topology.S. abandoned or withdrawn. Non-Technical Description of the ’356Patent 52. Foreign Counterparts to the ’356Patent 51. The ’356 patent relates generally to RF transceivers using low noise amplifiers | (LNAs) to support carrier aggregation. 13/590. and each foreign patent application that has been denied. filed on August 21. where each amplifier stage can be independently controlled to receive and amplify a common input RF signal and provide an output RF signal to a separate load circuit. A certified copy of the ’356 patent is attached as Exhibit 1. I 2. The ’356 patent issued from U. 14 . mobile devices can more efficiently deploy carrier aggregation technology and have longer battery life. Patent Application Serial No.inventors. 3.

2. B.336. 3. with an indication of the prosecution status of each such patent application. title. 2015. A certified copy of the prosecution history of the ’336 patent is included as Appendix C. No other foreign patents or patent applications corresponding to the ’336 patent have been filed. Non-Technical Description of the ’336Patent 56. A copy of the assignment from the named inventorsgto Qualcomm is attached as Exhibit 4.” which issued on October 18. abandoned. Chiewcharn Narathong. 14/671. With the advent of carrier aggregation technology. abandoned or withdrawn. 9. Copies of each patent and applicable pages of each technical reference mentioned in the prosecution history of the ‘336 patent are included as Appendix D. The ’336 patent issued from U. and interest in United States Patent No. or rejected. A certified copy of the ’336 patent is attached as Exhibit 3. Aleksandar Miodrag Tasic. filed on March 27. The ’336 patent relates generally to RF transceivers for use with carrier aggregation technology. and each foreign patent application that has been denied. Rajagopalan Rangarajan. corresponding to the ’336 patent. The ’336 Patent 1. Identification and Ownership of the ’336Patent 53. 54.939. withdrawn. Exhibit ll lists each foreign patent and each pending foreign patent application (not already issued as a patent). Lai Kan Leung. and Yiwu Tang as co-inventors. Foreign Counterparts to the ’336Patent 55. Patent Application Serial No. titled “Radio Frequency (RF) Front End Having Multiple Low Noise Amplifier Modules.S. Qualcomm owns by assignment the right. RF transceivers in mobile devices must be designed to handle an increasing number of different frequencies in 15 . 2016 and named Dongling Pan.473.

A copy of the assignment from the named inventors to Qualcomm is attached as Exhibit 6. receivers include multiple signal paths. 58. filed on February 4. which increases cost and can impact performance. which must be subject to stringent isolation requirements to prevent signal interference. and interest in United States Patent No. title.S. Copies of each patent and applicable pages of each technical reference mentioned in the prosecution history of the ’674 patent are included as Appendix F. 8. The ’674 Patent 1.559. The ‘336 patent discloses a receiver design that includes two-stage amplification. Patent Application Serial No. A certified copy of the prosecution history of the ’674 patent is included as Appendix E. C. A certified copy of the ’674 patent is attached as Exhibit 5.multiple communication bands. titled “Multiple Supply-Voltage Power-Up/Down Detectors. The first amplifier stage then provides the amplified outputs to second stage amplifiers that amplify the first stage carrier groups to generate second stage output signals. Identification and Ownership of the ’674Patent 57. which can make recovering infonnation from a signal difficult or impossible. Without the invention of the ’336 patent. 2009.063. l6 . where received carrier signals are grouped into carrier groups by a first amplifier stage that includes multiple low noise amplifiers (“LNAs”) to amplify received carrier signals and a routing module to route a respective portion of the amplified carrier signals to one of multiple output terminals.” which issued on November 22. 12/365. In many cases.674. RF transceivers would not be able to address issues of interference without increasing the routing complexity of the design. Qualcomm owns by assignment the right. 2011 and named Chang Ki Kwon and Vivek Mohan as co-inventors. The ’674 patent issued from U.

002. Non-Technical Description of the ’674 Patent 1 60. processing circuitry to generate signals depending on their power state. Identification and Ownership of the ’002Patent 61. The invention of the ’674 patent thereby improves the perfonnance of the POC network and processor while also reducing power consumption and improving the battery/life of the computing device. and each foreign patent application that has been denied. corresponding to the ’674 patent. title. and interest in United States Patent No. The power on / power off control (POC network) of a device is a component of a processor that communicates to input/output (I/O) circuits whether core devices are on or off. which is desirable in order to have I/O circuits operate effectively.693. abandoned or withdrawn. 3. and feedback circuits to adjust electrical current capacity in the POC network in order to reduce the leakage of that current while improving the speed with which the system detects the on/off state of the core devices. D. abandoned. The ’674 patent describes an improved design for a POC network architecture that uses power up / down detectors to detect the on/off state of the core devices on the POC network. No other foreign patents or patent applications corresponding to the ’674 patent have been filed. Exhibit 11 lists each foreign patent and each pending foreign patent application (not already issued as a patent). titled “Dynamic Word Line Drivers and Decoders for Memory Arrays. 2. or rejected. with an indication of the prosecution status of each such patent application. The ’002 Patent 1. 7.” 17 . withdrawn. Foreign Counterparts to the ’674 Patent 59. The ’674 patent relates generally to an improved power up / power down detector for computing devices with integrated circuits requiring multiple voltages. Qualcomm owns by assignment the right.

2006. Non-Technical Description of the ’002 Patent 64. As a result of the invention of the ’002 patent. withdrawn. A certified copy of the prosecution history of the ’002 patent is included as Appendix G. 18 . Copies of each patent and applicable pages of each technical reference mentioned in the prosecution history of the ’002 patent are included as Appendix H. No other foreign patents or patent applications corresponding to the ‘O02 patent have been filed. corresponding to the ’002 patent.132. A certified copy of the ’002 patent is attached as Exhibit 7. The ’002 patent issued from U. which in turn prolongs the battery life and efficiency of those devices.S. 3. with an indication of the prosecution status of each such patent application. computing devices can operate with lower power consumption and higher speed. abandoned or withdrawn. abandoned. The ’002 patent relates generally to an improved memory array design that saves power. A copy of the assignment from the named inventors to Qualcomm is attached as Exhibit 8. Exhibit ll lists each foreign patent and each pending foreign patent application (not already issued as a patent). which reduces the power consumption due to generating clock signals relative to previous designs. Specifically. and each foreign patent application that has been denied. filed on October 10.which issued on April 6. Foreign Counterparts to the ’002Patent 63. 2. ll/548. 62. Patent Application Serial No. 2010 and named Jentsung Lin as the sole inventor. the ’002 patent discloses improved designs for wordline drivers. which are components connected to memory arrays. The design allows for the selective application of clock signals to activate groups of wordline drivers. or rejected.

Non-Technical Description of the ’633 Patent 68. Patent Application Serial No. 2017 and named Shilpi Sahu and Mainak Biswas as co-inventors. abandoned. abandoned or withdrawn.S. 66. A certified copy of the prosecution history of the ’633 patent is included as Appendix I. with an indication of the prosecution status of each such patent application. Exhibit ll lists each foreign patent and each pending foreign patent application (not already issued as a patent). The ’633 patent discloses using two images to generate a depth map and enhance a portion of the scene. Identification and Ownership of the ’633 Patent 65. E. As a result of the invention of the ’633 patent. titled “Depth Aware Enhancement for Stereo Video. title. filed on March 7. 2. 9. and each foreign patent application that has been denied. A copy of the assignment from the named inventors to Qualcomm is attached as Exhibit 12. 3. corresponding to the ’633 patent. 14/201. or rejected. Qualcomm owns by assignment the right. and interest in United States Patent No." which issued on January 24. The ’633 patent issued from U. The ’633 Patent 1.261. No other foreign patents or patent applications corresponding to the ’633 patent have been filed. 2014. and specifically the use of depth computed from multiple images.633.” a popular artistic photography effects that emphasizes a 19 . Foreign Counterparts to the ’633Patent 67.552. withdrawn. A certified copy of the '633 patent is attached as Exhibit 11. The ’633 patent relates generally to depth-based image enhancement. Copies of each patent and applicable pages of each technical reference mentioned in the prosecution history of the ’633 patent are included as Appendix J. mobile device cameras are now able to perform a high quality simulation of the “bokeh effect.

l7. and Apple iPhone X (the 20 . Apple iPhone 8 Plus. F. Infringement of the ’356Patent 71. The ‘O02and ‘674 patents are included within the patents licensed under the Pegatron license agreement. Apple iPhone 7 Plus. and 18 of the ’356 patent. and on information and belief. Apple iPhone 8. including mobile phones and tablet computers. and/or sold within the United States after importation by or for Apple. 8. Apple iPhone 7 Plus. the Apple iPhone 8. A. Apple’s Accused Devices are certain mobile electronic devices that do not incorporate a Qualcomm brand baseband processor modem. ll. Licensees to the Asserted Patents 69. Apple is not licensed to any of the Asserted Patents. sold for importation into the United States. but are not limited to. Apple iPhone 8 Plus. and Apple iPhone X. mobile electronic devices sold under the tradenames Apple iPhone 7.portion of the scene. APPLE’S INFRINGEMENT’ OF THE ASSERTED PATENTS ­ 70. literally and/or under the doctrine of equivalents. As discussed herein. on information and belief. including at least the Apple iPhone 7. andlor selling after importation into the United States certain of the Accused Devices. Explaining further. V. and imported into the United States by or for Apple. Pegatron is not paying royalties owed under its license agreement with Qualcomm because. at least claims l. Qualcomm has a license agreement with Pegatron Corp. Confidential Exhibit 12 is a list of licensees that includes within that list all licenses to one or more of the Asserted Patents. The Accused Devices include. (“Pegatron”). 10. Apple infringes. Apple infringes at least these claims by importing. which infringe the Asserted Patents and are manufactured abroad by or for Apple. Apple has instructed Pegatron to withhold those royalties. giving a 3D effect to the photograph without the use of bulky and expensive high-end cameras and lenses. selling for importation. 7.

and/or selling within the United States after importation the Accused ’356 Devices and the non-staple constituent parts of those devices. 72. Apple tests. or otherwise operates the Accused ’356 Devices in the United States. Similarly. and its infringement of the ’356 patent. its user manuals. Apple also knowingly induces and/or contributes to the infringement of at least claims 17 and 18 of the ’3_56patent by others. The Accused ’356 Devices satisfy all claim limitations of claims l. On information and belief. Apple also -contributes to the infringement of the ’356 patent by selling for 1 1 importation into the United States. Apple also contributes to infringement of the ’356 patent by selling for I importation into the United States. such as the chipsets or software containing the infringing functionality. Apple has had knowledge of the ’356 patent. demonstrates. 10. i “Accused ‘356 Devices”). 8. since at least November 29. thereby performing the claimed methods and directly infringing any asserted claims of the ’356 patent requiring such operation. of the Accused ’356 Devices. which are not suitable for substantial 21 . On information and belief. thereby also performing the claimed methods and directly infringing the asserted claims of the Asserted Patents. importing into the United States. for example. when Qualcomm filed a parallel action in the Southem l District of California. and/or selling within the United States after importation components. and 11 at the time of importation into the United States. I 73. 2017. On information and belief. which are not suitable for substantial non-infringing use and which embody a material part of the invention described in the ’356 patent. Apple’s customers and the end users of the Accused ’356 Devices test and/or operate the Accused ’356 Devices in the United States in accordance with Apple’s instructions contained in. These mobile electronic devices are known by Apple to be especially made or especially adapted for use in the infringement of the ’356 patent. importing into the United States. 7.requiring such operation.

at least claim 4 of the ’336 patent. including at least the Apple iPhone 7 and Apple iPhone 7 Plus (the 22 .non-infringing use and which embody a material part of the invention described in the ’356 patent. including at least the Apple iPhone 8. 12. 21. End users of those mobile electronic devices directly infringe the ’356 patent. C. and end users with knowledge that the devices are used for infringement. and 22 of the ’674 patent. and/or selling after importation into the United States certain of the Accused Devices. Infringement of the ’674 Patent 77. selling for importation. Apple sells the Accused ’356 Devices to resellers. selling for importation. Apple infringes. B. and on information and belief. Specifically. and/or selling after importation into the United States certain of the Accused Devices. literally and/or under the doctrine of equivalents. 16-18. Apple iPhone 8 Plus. 5-8. Apple infringes at least claim 4 by importing. Apple infringes. 74. 76. at least claims l. " Infringement of the ’336 Patent 75. Attached as Confidential Exhibit 14 are representative claim charts for the Accused ’336 Devices showing infringement of the ’356 patent by exemplary Accused ’336 Devices. These mobile devices are known by Apple to be especially made or especially adapted for use in the infringement of the ’356 patent. Apple infringes at least these claims by importing. Attached as Confidential Exhibit 13 are representative claim charts for the Accused ’356 Devices showing infringement of the ’356 patent by exemplary Accused ‘356 Devices. retailers. The Accused ’336 Devices satisfy all claim limitations of claim 4 at the time of importation into the United States. the Apple iPhone X (the “Accused ’336 Devices”). on information and belief. literally and/or under the doctrine of equivalents.

demonstrates. Apple also knowingly induces and/or contributes to the infringement of at least claims 8. Similarly. Apple has had knowledge of the ’674 patent. These mobile electronic devices are known by Apple to be especially made or especially adapted for use in the infringement of the ’674 patent. which are not suitable for substantial non-infringing use and which embody a material part of the invention described in the ’674 patent. and/or selling within the United. On infonnation and belief. which are not suitable for substantial 23 . 18. its user manuals. 79. 17. Apple also contributes to the infringement of the ’674 patent by selling for importation into the United States. Apple’s customers and the end users of the Accused ’674 Devices test and/or operate the Accused ’674 Devices in the United" States in accordance with Apple’s instructions contained in. and its infringement of the ’674 patent. Apple tests.States after importation the Accused ’674 Devices and the non-staple constituent parts of those devices. and 16 of the ’674 patent by others. importing into the United States. when Qualcomm filed a parallel action in the Southern District of California. and/or selling within the United States after importation components. thereby also performing the claimed methods and directly infringing the asserted claims of the Asserted Patents requiring such operation. such as the chipsets or software containing the infringing functionality. for example. 12. The Accused ’674 Devices satisfy all Claim limitations of claims 1. 78. thereby performing the claimed methods and directly infringing any asserted claims of the ’674 patent requiring such operation. and 22 at the time of importation into the United States. 21. 2017. since at least November 29. of the Accused ’674 Devices. importing into the United States. On information and belief.“Accused ’674 Devices”). S-7. or otherwise operates the Accused ’674 Devices in the United States. Apple also contributes to infringement of the ’674 patent by selling for importation into the United States. On information and belief.

Apple infringes at least these claims by importing. and 36 at the time of importation into the United States. 80. Apple also knowingly induces and/or contributes to the infringement of at least claims 7-9 of the ’002 patent by others. selling for importation. and/or selling after importation into the United States certain of the Accused Devices. 2017. literally and/or under the doctrine of equivalents. when Qualcomm filed a parallel action in the Southern District of California. thereby performing the claimed methods and directly infringing any asserted claims of the ’002 patent requiring such operation. Apple has had knowledge of the ’002 patent. ll. Apple infringes. 20-23. or otherwise operates the Accused ’002 Devices in the United States. On information and belief. 17. 7-9. 31-33. Infringement of the ’002 Patent ' " 81. and its infringement of the ’002 patent. Similarly. Apple tests. Attached as Confidential Exhibit 15 are representative claim charts for the Accused ’674 Devices showing infringement of the ’674 patent by exemplary Accused ’674 Devices. including at least the Apple iPhone 7 and Apple iPhone 7 Plus (the Accused “’002 Devices”). End users of those mobile electronic devices directly infringe the ’674 patent. and 36 of the ’002 patent. On infomiation and belief. at least claims 1-4. 20-23. Apple sells the Accused ’674 Devices to resellers. On information and belief. on information and belief. The Accused ’002 Devices satisfy all claim limitations of claims 1-4. since at least November 29. retailers. These mobile devices are known by Apple to be especially made or especially adapted for use in the infringement of the ’674 patent. ll. 17. Specifically. D. 31-33. demonstrates. 82.non-infringing use and which embody a material part of the invention described in the ’674 patent. and end users with knowledge that the devices are used for infringement. Apple’s customers and the end users of the Accused ’002 Devices test and/or operate the 24 .

on information and belief. which are not suitable for substantial non-infringing use and which embody a material part of the invention described in the ’002 patent. Apple sells the Accused ‘O02 Devices to resellers. its user manuals. 25 . Attached as Confidential Exhibit 16 are representative claim charts for the Accused ’002 Devices showing infringement of the ’002 patent by exemplary Accused ’002 Devices. and end users with knowledge that the devices are used for infringement. importing into the United States. thereby also performing the claimed methods and directly infringing the asserted claims of the Asserted Patents requiring such operation. End users of those mobile electronic devices directly infringe the ’OO2patent. These mobile devices are known by Apple to be especially made or especially adapted for use in the infringement of the ’002 patenti Specifically. Apple also contributes to infringement of the ‘O02 patent by selling for importation into the United States. 84. such as the chipsets or software containing the infringing functionality.-importing into the United States. for example. 83. and/or selling within the United States after importation the Accused ‘O02Devices and the non-staple constituent parts of those devices. which are not suitable for substantial non-infringing use and which embody a material part of the invention described in the ’002 patent. and/or selling within the United States after importation components. Apple also contributes to the infringement of the ’002 patent by selling for importation into the United States.Accused ’002 Devices in the United States in accordance with Apple’s instructions contained in. These mobile electronic devices are known by Apple to be especially made or especially adapted for use in the infringement of the ’0O2 patent. of the Accused ’OO2Devices. retailers.

18. which are not suitable for substantial non-infringing use and which embody a material part of the invention described in the ’633 patent. E. and 22-24 of the ’633 patent. importing into the United States. including at least the Apple iPhone 7 Plus. Infringement of the ’633Patent 85. On information and belief. or otherwise operates the Accused ’633 Devices inthe United States. since at least November 29. 86. 87. On information and belief. and/or selling after importation into the United States certain of the Accused Devices. These Accused ’633 Devices satisfy all claim limitations of claims 10-12. 10-12. and/or selling within the United States after importation the Accused ’633 Devices and the non-staple constituent parts of those devices. Similarly. thereby also performing the claimed methods and directly infringing the asserted claims of the Asserted Patents requiring such operation. Apple tests. literally and/or under the doctrine of equivalents. and Apple iPhone X (the “Accused ’633 Devices”). Apple also knowingly induces and/or contributes to the infringement of at least claims 1-3 of the ’633 patent by others. Apple iPhone 8 Plus. when Qualcomm filed a parallel action in the Southern District of Califomia. and 22-24 at the time of importation into the United States. Apple’s customers and the end users of the Accused ’633 Devices test and/or operate the Accused ’633 Devices in the United States in accordance with Apple’s instructions contained in. 2017. demonstrates. Apple infringes. On information and belief. at least claims 1-3. Apple has had knowledge of the ’633 patent. and its infringement of the ’633 patent. These mobile electronic devices are known by Apple to be especially made or especially adapted for use in the infringement of the 26 . Apple also contributes to infringement of the ’633 patent by selling for importation into the United States. Apple infringes at least these claims by importing. thereby performing the claimed methods and directly infringing any asserted claims of the ’633 patent requiring such operation. its user manuals. selling for importation. for example. 18.

Attached as Exhibit 17 are representative claim charts for the Accused ’633 Devices showing infringement of the ’633 patent by exemplary Accused ’633 Devices. and/or selling within the United States after importation components. Apple also contributes to the infringement of the ’633 patent by selling for importation into the United States. Finally.” See Ex. an Apple iPhone 7 was purchased on November 27. 1229 Wisconsin Ave. importing into the United States. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE 89. 25. 25. 1229 Wisconsin Ave. This device is labeled as “Assembled in China. These mobile devices are known by Apple to be especially made or especially adapted for use in the infringement of the ’633 patent. D. 20007. Pl. imports into the United States. 1229 Wisconsin Ave. such as the chipsets or software containing the infringing functionality. Washington. End users of those mobile electronic devices directly infringe the ’633 patent. Specifically.C. P2. Ex. and/or sells after importation into the United States the Accused Devices. 25. Ex. retailers. 20007. Specifically. Ex. on information and belief. 25. See Ex..” See Ex. and end users with knowledge that the devices are used for infringement. 25.. Ex. VI. Apple sells the Accused ’633 Devices to resellers.’633 patent.. 20007. Examples of Accused Devices were purchased from a retailer located in the United States. D. which are not suitable for substantial non-infringing use and which embody a material part of the invention described in the ’633 patent. 2017 from Apple Georgetown. Apple sells for importation into the United States. This device is labeled as “Assembled in China.C. 2017 from Apple Georgetown. an Apple iPhone 7 Plus was purchased on November 27. Ex. of the Accused ’633 Devices. 25. D. ' 88. Id.C. Washington. Washington. P3. 27 .” See Ex. This device is also labeled as being “Assembled in China. An Apple iPhone 8 was also purchased on November 27. 2017 from Apple Georgetown.

. which are located primarily in Asia. and sold for importation. An industry as required by Section 337(a)(2) and defined by Section 337(a)(3) exists in the United States.S. THE DOMESTIC INDUSTRY RELATING TO THE ASSERTED PATENTS | 95. These classifications are exemplary in nature and not intended to restrict the scope of any exclusion order or other remedy ordered by the Commission. Case No.S. District Court for the Southem District of California.S. VIII. RELATED LITIGATION 92.1065 pending at the U.S. 8471. Substantially all of the Accused Devices in the United States are manufactured by App1e’s outsourcing partners. District Court for the Southern District of California alleging infringement of the Asserted Patents against Apple. and Investigation No. 2017.00 (handheld computers).01. Qualcomm has made significant investments in plant.00 (mobile phones). On November 29. The Accused Devices are classified under at least the following subheading of the Harmonized Tariff Schedule of the United States: 8517. including Case No. 1 94. Qualcomm has not previously litigated the Asserted Patents before any other court or agency. 93. District Court for the Southern District of Califomia. IX.30. Aside from the above-mentioned parallel district court matter. See Ex. 8471. 28 .01. 3:17-CV-01375-JAH­ MDD pending in the U. 26.41. or 8471. 90. HARMONIZED TARIFF SCHEDULE NUMBERS 91. Qualcomm filed a complaint in the U.49. International Trade Commission. Qualcomm and Apple are currently engaged in litigation that does not specifically address the Asselted Patents. 337-TA. VII.12. 17-CV-0108 GPC NLS pending in the U. equipment.

WTR5975 CDP9X55. RTR860l. QTR86OOL.WTR2605. WTR3120.QTR860lL. WTR3900. QLNl031. MDM92l5. WTRl626L. WTR3905. APQ8064. WTR4905L. QTR82Ol. MTP9X55. RTR6280.WGR7640. QLNIO36 WCNI3 12. MDM9240. APQ80l6E. WTR5975 QDSP6 processors. WTR2655. MDM9225M. MDM9207. Wl-‘R1620.APQ8009W. designs. RTR8605. RGR7640AU. WTRl626L. including APQSOO9. ’336 patent MDM9655. WTR39l5. Qualcomm researches. WTR3900. A. WTRl625L. WTR3925. APQ8037. APQ806OA. RTR8600. SDR845. APQ8096AU. and made substantial investments in engineering and research and development related to products protected by the Asserted Patents. WPRl62O. MTP9X5O. WTRl625. QTR86l5. WTRl605. APQ8Ol7. WTR4305. WTR4905. APQ8096. WTR4605. The chart below sets forth exemplary Domestic Industry Products that are protected by least one claim of each of the Asserted Patents: r WTR1625. " SDR66l). MDM82l5. MDM9235M. MDM9307. RTR6285. WTR2965. SDR66l . RTR6237. WCNI314. WTR3925L. MDM923O. RTR6285A. APO8028. APQ8098. WTR3605. QLN1021. QLN1035. QTR8600. APQ8074. WTR4205. QTR86l5L. APQ8064AU. QLN1030. WTR3950. WTRl605L. APQ8094. i i QLN_l020. APQ8Ol6. APQ8096SG. MDM9250. 29 . MDM9225. APQ8026. MDM8207. QTR8200. ’356 patent WTR3925. 96. ­ ’674 patent WTRl608L. WTRl625L. As described below and in the accompanying declaration at Confidential Exhibit 21. MDM9206. and develops integrated circuit products in the United States (the “Domestic Industry Products”) that are protected by at least one claim of each of the Asserted Patents. APQSOS6. WTR5975. WTR2955. WTR6955. MDMSZOOA. APQ8053. Technical Prong 97. WTR4904. WTR4900. RTR6236. APQ8039. WTR3605. MDM9650. ’002 patent APQ8076. SDR66OG.t . WTR39l5. APQ8084.labor and capital. WTR3925L.

MDM9625M. MSM8994. MSM826OA. SDXZO. SDM66O. smartphones) that are sold in the United States. MSM8909. MSM893O. who then incorporate them into devices (e. SDM66O. these devices may also practice one or more claims of the Asserted l Patents. APQ8037. MSM8239. I and/or (C). SDA658.6 99. B. MSM8937. MDM9655. MSM8909W. MSM8226. MSM8937.MSM8928. MSM8996AU. and continuing 6 The Domestic Industry Products are protected by additional claims of the Asserted Patents.633 patent SDM450.C. SDM658. On infonnation and belief. MDM932O. MSM8916. SDA63O. i MDM93lO. SDM845. MSM8960. SDM85O 98. MSM82l6. APQ8096. MSM8617. Claim charts applying a representative claim of each Asserted Patent to a l representative Domestic Industry Product are attached as Confidential Exhibits 19-23. MDM9640. APQ8098. . MSM8940. MDM9645. comprising continuing significant investments made in the United States by Qualcomm in plant and equipment and employment of labor and capital. MDM9625. MDM9615M. MSM8208. There is a domestic industry as defined under l9 U. MSM8920. MSM8626. MSM8998. SDA670. MSM8996SG. SDM63O. MSM894O. SDM630. MSM89l7.. MDM9340. SDA660. MSM82l2. SDM67O. 30 . MSM8992. MSM86l2. (B). MSM892O. MSM89I7. MSM8956. MSM8939. MSM8210. SDA845.g. MDM9615. MSM8228. MSM8953. MDM9628. MSM8976. MDM9607. MSM8952. MSM8974. APQ8053. SDXZOM MSM82l7. MSM8610. MSM823O. MSM8998. MSM8996. MSM8953. APQ8017. MSM8996. MSM8976SG.S. SDM45O. SDA660. Economic Prong 100. MSM8209. MDM9635M. § 1337(a)(3)(A). MDM963O. Qualcomm also sells the Domestic Industry Products to its customers. and Qualcomm may establish the technical prong of the domestic industry requirement through claims other than those explicitly charted in Confidential Exhibits 19-23.

respectively. Qualcomm has made and continues to make significant investments in plant and equipment directed to the Domestic Industry Products in the United States. Those investments in plant and equipment arededicated to research. 104. 103. and various customer support activities focused on the Domestic Industry Products. design.000 employees in the United States. 68 percent of whom are engineers. Qualcomm is a global leader in the development of integrated circuit technology and products. of space. These efforts have resulted in a leading intellectual property portfolio related to.S. states and the District of Columbia. development.5 billion. Qualcomm engages in a broad range of qualifying domestic industry activities in the United States directed to articles protected by the Asserted Patents described above. wireless technology and integrated circuit products.2 billion and $5. among other things. services.5 billion. Qualcomm maintains its headquarters in San Diego. Qualcomm occupies 92 buildings in the United States totaling over 6. Qualcomm’s worldwide R&D expenditures in fiscal 2017. Specific. 105. tested and supported by Qualcomm in the United States. California. Qualcomm operates facilities in 17 U. The Domestic Industry Products are all designed.5 million sq. Qualcomm-continues-to expand and enhance its products. 102. $5. ft. 2016 and 2015 totaled approximately $5. 31 . product support. 101. engineering. manufacturing support. and related intellectual property portfolios. developed. Qualcomm is one the United States’ largest and most innovative technology companies.substantial investment in exploitation of the Asserted Patents. testing. with over 18. non-limiting examples of such investments are set forth below and in the Confidential Exhibit 18.

S. 108. sale for importation. These activities include. manufacturing support. § 1337. development. with respect to Apple’s violations of that section arising from the importation into the United States. Qualcomm’s domestic investments and activities are significant and substantial both in absolute terms and relative to Qualcomm’s overall operations. 106. Those investments in labor and capital are dedicated to research. and various customer support activities focused on the Domestic Industry Products. Qualcomm further engages in exploitation of the Asserted Patents through its substantial domestic investments in research and development and engineering activities in the United States. as amended. Qualcomm also has made and continues to make significant investments in labor and capital directed to the Domestic Industry Products in the United States. testing. product support. engineering. I9 U. I07. These investments are described in more detail in the Declaration of Tim Durkin. X. attached hereto as Confidential Exhibit 18.C. A significant and substantial portion of Qualcomm’s technical activities takes place in the United States. research and development and engineering and design tied to the claimed technology implemented in the Asserted Patents. among other things. Qualcomm respectfully requests that the Commission: (a) Institute an investigation pursuant to Section 337 of the Tariff Act of 1930. and/or the sale within the United States after importation of mobile electronic devices that do not incorporate a 32 . Qualcomm’s domestic investments and activities are important to the Domestic Industry Products and represent significant added value. These activities have occurred in the past and are ongoing with respect to piior and current versions of the Domestic Industry Products as well as future versions of Qualcomm products under development. RELIEF REQUESTED 109. design.

(c) Issue a permanent limited exclusion order directed to products manufactured by or on behalf of Apple. § 1337(f) prohibiting Apple.S. sale for importation.C.C. and agents pursuant to 19 U.S. related companies. and other transfer within the United States of mobile electronic devices that do not incorporate a Qualcomm brand baseband processor modem and that infringe one or more claims of the Asserted Patents. marketing and/or advertising.Qualcomm brand baseband processor modem and that infringe one or more claims of the Asserted Patents. and 33 . sale.S. § l337(d) excluding entry into the United States of mobile electronic devices that do not incorporate a Qualcomm brand baseband processor modem and that infringe one or more claims of the Asserted Patents. (e) Impose a bond upon importation of mobile electronic devices that that do not incorporate a Qualcomm brand baseband processor modem and infringe one or more claims of the Asserted Patents. § l337(j). determining that there has been a violation of Section 337.C. its subsidiaries. and agents from engaging in the importation. p (b) Schedule and conduct a hearing pursuant to Section 337(0) for the purposes of (i) receiving evidence and hearing argument concerning whether there has been a violation of Section 337. related companies. and (ii) following the hearing. use after importation. (d) Issue a permanent cease and desist order pursuant to 19 U. distribution. during the 60-day Presidential review period pursuant to 19 U. offering for sale. its domestic subsidiaries. sale after importation.

Suite 2450 Chicago. 22nd Floor New York. QUINN EMANUEL URQUHART & SULLIVAN.=. LLP 51 Madison Avenue.. Pak .: (415) 875-6600 Tom M.//8/. Illinois 60661 Tel. DC 20001 Tel. 1133 Connecticut Avenue. Erwine Alexander Rudis Patrick Curran QUINN EMANUEL URQUHART & SULLIVAN.: (312) 705-7400 Steven Chemy Richard W.P. LLP 777 6th Street NW.L.: (202) 538-8000 David A. 22nd Floor San Francisco. CA 94111 Tel. N. MASTRIANI & SCI-IAUMBERG. 12th Floor 34 . AlexLa£i. Nelson Stephen Swedlow QUINN EMANUEL URQUHART & SULLIVAN.. LLP 500 West Madison St. 2017 Respectfully submitte . based on the facts determined by the investigation and the authority of the Commission.L. llth Floor Washington. (D Issue such other and further relief as the Commission deems just and proper under the law. Dated: November 30. NY 10010 Tel.er/ QUINN EMANUEL URQUHART & SULLIVAN. LLP 50 California Street. Schaumberg Deanna Tanner Okun Beau Jackson ADDUCI.: (212) 849-7000 Sean S.W.

: (202) 467-6300 Evan R. 825 Eighth Avenue New York.Washington.: (212) 474-1000 Richard S. Leventhal Talbot R. Hummel Richard J. Wesley Earnhardt Yonatan Even Vanessa A.: (713) 651-5151 Counselfar Complainant QualcommIncorporated 35 . Bernstein J. Lavely CRAVATH. DC 20036 Te1. Zembek Eric B. SWAINE & MOORE LLP Worldwide Plaza. Stark Gary A. Hansum NORTON R0515 FULBRIGHTUS LLP Fulbright Tower 1301 McKinney. Hall Daniel S. Suite 5100 Houston. Chesler Keith R. NY 10019 Te1. TX 77010 Te1.

non-frivolous argument for extension. such as to harass or to cause unnecessary delay or needless increase in the co_stof litigation. 2. The claims and other legal contentions set forth in the Complaint are warranted by existing laws or by a. D. am a Vice Presi_dentfor Qualcomm Incorporated (“Qualcomm”) and am duly authorized by Qualcomm to execute this verification of the accompanying Complaint under Section 337 of the Tariff Act of 1930.good faith.AL TRADE COMMISSION WASHINGTON. The Complaint is not being filed for any improper purpose. v In the Matter of I CERTAIN MOBILE ELECTRONIC I Investigation N0. I have read the Complaint and am aware of its contents. UNITED STATES INTERNATION. John Scott. on behalf of Qualcomm. as Amended. Dated: November_29: 2017 4. or are likely to have evidentiary supportafter a reasonable opportunity for further investigation or discovery. I hereby certify that: l. or. and belief and based upon a reasonable inquiry under the circumstances. or reversal of existing law. VERIFICATION OF COMPLAINT I.by the establishment of new law. modification. 337-TA­ DEVICES AND RADIO FREQUENCY AND PROCESSING COMPONENTS THEREOF E.C. To the best of my knowledge.\ // . and 3. information. "I1 (E ­ W V JohnScott Vice President Qualcomm Incorporated . The allegations contained in the Complaint are well grounded in fact and have evidentiary support.