IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

PEARL IP LICENSING LLC, 

Plaintiff,

v.

AT&T CORP.;

AT&T COMMUNICATIONS, LLC;

AT&T MOBILITY LLC; and

AT&T SERVICES, INC.

Defendants.

Case No. 6:20-cv-00350

Jury Trial Demanded

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Pearl IP Licensing LLC, by and through the undersigned counsel, files this 

Complaint for patent infringement against Defendants, and in support states, all upon information 

and belief:

PARTIES

1. Plaintiff Pearl IP Licensing LLC (“Pearl IP” or “Plaintiff”) is a limited liability 

company organized and existing under the laws of the State of Texas and having its registered 

office at 815 Brazos St, Ste 500, Austin, TX 78701 and an office address at 2108 Dallas Pkwy, 

Ste 214 - 1042, Plano, TX 750 93-4362.

2. Defendant AT&T Corp. is a corporation organized and existing under the laws of 

the State of New York, with a principal place of business at One AT&T Way, Bedminster, New 

Jersey, 07921-0752 (“ATTCorp”). ATTC is registered to do business, and has a registered 

office, in this State at CT Corporation System, 1999 Bryan St., Suite 900, Dallas, TX 75201-

3136. ATTCorp is wholly owned by AT&T Inc. AT&T Inc. is a corporation organized and 

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existing under the laws of the State of Delaware and that AT&T Inc. has a principal place of 

business at 208 South Akard Street, Dallas, Texas 75202-4206.

3. Defendant AT&T Communications, LLC, is a limited liability company 

organized and existing under the laws of the State of Delaware, with a principal place of business 

at 295 North Maple Ave Basking Ridge, NJ 07920 (“ATTComm”). ATTComm is wholly 

owned by AT&T Inc. ATTComm may presently be served with process through CT

Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.

4. Defendant AT&T Mobility LLC is a limited liability company organized and 

existing under the laws of the State of Delaware, with a principal place of business at 1025 

Lenox Park Boulevard NE, Atlanta, Georgia 30319 (“ATTM”). ATTM is owned by the 

following companies: SBC Long Distance, LLC, SBC Tower Holdings LLC, BellSouth Mobile 

Data, Inc., and New Cingular Wireless Services, Inc. All of the companies listed above are 

subsidiaries of AT&T Inc. ATTM may presently be served with process through CT 

Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.

5. AT&T Services, Inc. is a corporation organized and existing under the laws of the 

State of Delaware, with a principal place of business at 175 East Houston Street, San Antonio, 

Texas 78205, and has a registered agent for service of process at CT Corporation System, 1999 

Bryan Street, Suite 900, Dallas TX, 75201 (“ATTS”). ATTS is jointly owned by AT&T Inc. and 

AT&T Teleholdings, Inc. AT&T Teleholdings, Inc. is a wholly-owned subsidiary of AT&T Inc.

6. All Defendants have regular and established places of business in this State.

7. ATTCorp, ATTComm, ATTM and ATTS shall hereafter to collectively referred 

to as “AT&T.”

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JURISDICTION AND VENUE

8. All the AT&T Defendants conduct business operations within the Western 

District of Texas in several stores and facilities throughout the District, including its “AT&T 

Stores” at 1428 Wooded Acres Dr #120, Waco, TX 76710; 4265 Interstate 35 N, Waco, TX 

76705; 4330 W Waco Dr, Waco, TX 76710; 2320 W Loop 340 #100A, Waco, TX 76711; and 

1515 Hewitt Dr Ste A, Waco, TX 76712.

9. All the AT&T Defendants have directly and/or through subsidiaries or 

intermediaries committed and continue to commit acts of infringement in this District by, among 

other things, offering to sell and selling products that infringe the patent-in-suit.

10. Venue is proper in this district under 28 U.S.C. §§ 1391(b)-(d). The AT&T 

Defendants are registered to do business in the State of Texas, have offices and stores in the State 

of Texas, have transacted business in the Western District of Texas and have committed acts of 

direct infringement in the Western District of Texas.

11. Venue is proper in this District pursuant to 28 U.S.C. § 1400(b). AT&T 

maintains a regular and established place of business in this District, including by maintaining or 

controlling “AT&T Stores” in this District.

PATENT 6,819,539

12. U.S. Patent No. 6,819,539, entitled “Method For Circuit Recovery From 

Overstress Conditions” (the “539 Patent”) was duly and legally issued on November 16, 2004.

A true and correct copy of the ’539 Patent is attached as Exhibit A. 

13. The Patent disclosed and exemplified a unique and valuable apparatus for circuit 

recovery from overstress conditions, comprising circuits for detecting an event and resetting a 

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device when the event is a first predetermined type and circuits for providing recovery when the 

event is a second predetermined type. (See ‘539 Abstract).

14. Plaintiff is the named assignee of, owns all right, title and interest in, and has 

standing to sue and recover all past damages for infringement of the ‘539 Patent.

COUNT I – INFRINGEMENT OF THE ’539 PATENT

15. Plaintiff restates and incorporates by reference the foregoing allegations.

16. In violation of 35 U.S.C. §271, AT&T directly infringed at least claim 8 of the 

‘539 Patent by selling apparatus within the scope of claim 1 of the ‘539 Patent (but excluding 

any previously licensed apparatuses, including phones made or sold by Samsung or Apple) 

(“Accused Instrumentality”). 

17. Attached hereto as Exhibit B, and incorporated herein by reference, is a claim

chart detailing the correspondence between one exemplary version of an Accused 

Instrumentality and claim 8 of the ’539 Patent.

18. Defendants have had knowledge of infringement of the ‘539 Patent at least as of 

the .service of the present Complaint

19. As a result of Defendants’ infringement of the ’539 Patent, Plaintiff has suffered 

damages.

20. Plaintiff is entitled to a money judgment in an amount adequate to compensate for 

Defendants’ infringement, but in no event less than a reasonable royalty for the use made of the 

invention by Defendants, together with interest and costs as fixed by the Court.

21. Plaintiff reserves the right to modify its infringement theories as discovery 

progresses in this case; it shall not be estopped for infringement contention or claim construction 

purposes by the claim charts that it provides with this Complaint. The claim chart depicted in 

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Exhibit B is intended to satisfy the notice requirements of Rule 8(a)(2) of the Federal Rule of 

Civil Procedure and does not represent Plaintiff’s preliminary or final infringement contentions 

or preliminary or final claim construction positions.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

Plaintiff Pearl IP LLC respectfully requests that the Court find in its favor and against 

Defendants, and that the Court grant Plaintiff the following relief:

A. an adjudication that Defendants have infringed the ’539 Patent;

B. an award of damages to be paid by Defendants adequate to compensate Plaintiff for 

Defendants’ past infringement of the ’539 Patent through its expiration, including pre-judgment 

and post-judgment interest, costs, expenses, and an accounting of all infringing acts; and

C. any and all such further relief at law or in equity that the Court may deem just and 

proper, including but not limited to attorneys’ fees.

Dated: April 30, 2020 Respectfully submitted by:

Of Counsel:

George Pazuniak (#478)

O’KELLY & ERNEST, LLC

824 N. Market Street

Suite 1001A

Wilmington, DE 19801

(302) 478-4230

gp@del-iplaw.com

/s/ Jay Johnson

Jay Johnson

Kizzia Johnson PLLC

1910 Pacific Ave, Ste 13000, 

Dallas, Texas 75201

214-451-0164

jay@kjpllc.com

Attorney for Plaintiff

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