Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 1 of 26 Page ID #:1
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`Gregory K. Nelson, Esq., SBN No. 203029
`Email: nelson@weeksnelson.com
`Chandler G. Weeks, Esq., SBN No. 245503
`Email: cgw@weeksnelson.com
`WEEKS NELSON
`P.O. Box 675963
`Rancho Santa Fe, CA 92067
`Phone: (858) 794-2140
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`Attorneys for Plaintiff RED.com, LLC
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`IN THE U.S. DISTRICT COURT FOR THE
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`CENTRAL DISTRICT OF CALIFORNIA
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`Case No.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`RED.COM, LLC, a Nevada
`limited liability company,
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`Plaintiff,
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`vs.
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`NIKON CORPORATION, a
`Japanese corporation and NIKON
`INC., a New York corporation,
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`Defendants.
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 2 of 26 Page ID #:2
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`Plaintiff Red.com, LLC (“RED”) complains of Defendants Nikon
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`Corporation and Nikon Inc. (collectively, “Nikon”) and alleges patent
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`infringement as follows.
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`THE PARTIES
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`1.
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`RED is a limited liability corporation organized under the laws of
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`the State of Nevada. It is registered with the State of California and maintains an
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`active business in this district. Its principal place of business is located within this
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`district at 94 Icon, Foothill Ranch, CA 92610. It has and continues to transact
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`business in this judicial district.
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`2.
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`Nikon Corporation is a corporation organized and existing under the
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`laws of Japan, with its principal place of business located at 2-15-3, Konan,
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`Minato-ku, Tokyo 108-6290, Japan. Nikon Inc. is a corporation organized and
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`existing under the laws of New York, with its principal place of business located
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`at 1300 Walt Whitman Rd, Melville, NY 11747. Nikon Inc. is a wholly owned
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`subsidiary of Nikon Corporation.
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`3.
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`Nikon Corporation and Nikon Inc. have and continue to transact
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`business in this judicial district, including, but not limited to, by advertising,
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`marketing, selling, distributing, and servicing its cameras directly or indirectly
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`through affiliates, entities, and operations based in California and in this judicial
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`district.
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`JURISDICTION AND VENUE
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`4.
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`This Court has original jurisdiction over this patent infringement
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`action under 28 U.S.C. §§ 1331 and 1338.
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`5.
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`Venue is proper over Nikon Corporation. 28 U.S.C. § 1391(c)(3). It
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`directs business to this judicial district, markets its products here, and puts its
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`products in the stream of commerce intending that they be offered for sale,
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`purchased, acquired, and/or used within this judicial district. Venue is also proper
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`over Nikon Inc. 28 U.S.C. § 1400(b). It has a regular and established place of
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 3 of 26 Page ID #:3
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`business, including for the service and repair of cameras, located in this judicial
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`district at 6420 Wilshire Boulevard, Suite 100, Los Angeles, CA 90048 and 1907
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`East 29th Street, Signal Hill, CA 90755, to which Nikon Inc. has previously
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`admitted. See Carl Zeiss AG v. Nikon Corp., No. 17-7083 (C.D. Cal.), ECF No.
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`35 ¶ 10 (Nov. 2, 2017) (“Defendants [Nikon Corporation, Sendai Nikon
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`Corporation, and Nikon Inc.] admit that Nikon Corporation sells cameras to
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`Nikon Inc. in Japan, which Nikon Inc. then imports into the United States.”); id.
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`¶ 9 (“Defendants admit that Nikon Inc. has conducted and continues to conduct
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`business in the Central District of California. Defendants admit that Nikon Inc.
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`imports, services and sells digital camera products in the Central District of
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`California.”).
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`GENERAL ALLEGATIONS
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`6.
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`Since at least 2006, RED has been and continues to be actively
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`engaged specifically in the design, development, manufacture, and sale of high
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`performance digital still and motion cinematography cameras, video equipment
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`and accessories, digital editing software, video players as well as generally in
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`imaging format technology used in the dissemination, broadcast, or transmission
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`of video.
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`7.
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`Since the introduction of its revolutionary RED ONE® camera,
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`RED’s products have been used to film blockbuster movies, as well as many other
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`movies and television series. The RED cameras and products have revamped the
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`movie making process and industry.
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`RED’s Inventions Disclosed in U.S. Patent No. 7,830,967
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`8.
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`RED owns by assignment U.S. Patent No. 7,830,967 (the “’967
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`patent”), entitled “Video Camera.” It issued on November 9, 2010.
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`9.
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`A true and correct copy of the patent is attached hereto as Exhibit
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`RED-PAT-1.
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 4 of 26 Page ID #:4
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`10. The ’967 patent discloses, for example, a video camera that can be
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`configured to highly compress video data in a visually lossless manner. The
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`camera can be configured to transform blue and red image data in a manner that
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`enhances the compressibility of the data. The data can then be compressed and
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`stored in this form. This allows a user to reconstruct the red and blue data to obtain
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`the original raw data for a modified version of the original raw data that is visually
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`lossless when demosaiced. Additionally, the data can be processed so the green
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`image elements are demosaiced first and then the red and blue elements are
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`reconstructed based on values of the demosaiced green image elements.
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`RED’s Inventions Disclosed in U.S. Patent No. 8,174,560
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`11. RED owns by assignment U.S. Patent No. 8,174,560 (the “’560
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`patent”), entitled “Video Camera.” It issued on May 8, 2012. An Ex Parte
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`Reexamination Certificate U.S. 8,174,560 C1 later issued on it on May 16, 2014.
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`12. A true and correct copy of the patent, including the Ex Parte
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`Reexamination Certificate, is attached hereto as Exhibit RED-PAT-2.
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`13. The ’560 patent discloses, for example, a video camera that can be
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`configured to highly compress video data in a visually lossless manner. The
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`camera can be configured to transform blue and red image data in a manner that
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`enhances the compressibility of the data. The data can then be compressed and
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`stored in this form. This allows a user to reconstruct the red and blue data to obtain
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`the original raw data for a modified version of the original raw data that is visually
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`lossless when demosaiced. Additionally, the data can be processed so the green
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`image elements are demosaiced first and then the red and blue elements are
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`reconstructed based on values of the demosaiced green image elements.
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`RED’s Inventions Disclosed in U.S. Patent No. 9,245,314
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`14. RED owns by assignment U.S. Patent No. 9,245,314 (the “’314
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`patent”), entitled “Video Camera.” It issued on January 26, 2016.
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 5 of 26 Page ID #:5
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`15. A true and correct copy of the patent is attached hereto as Exhibit
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`RED-PAT-3.
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`16. The ’314 patent discloses, for example, a video camera configured
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`to capture, compress, and store video image data in a memory of the video camera
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`at a rate of at least about twenty-three frames per second. The video image data
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`can be mosaiced image data, and the compressed, mosaiced image data remains
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`substantially visually lossless upon decompression and demosaicing.
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`RED’s Inventions Disclosed in U.S. Patent No. 9,436,976
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`17. RED owns by assignment U.S. Patent No. 9,436,976 (the “’976
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`patent”), entitled “Video Camera.” It issued on September 6, 2016.
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`18. A true and correct copy of the patent is attached hereto as Exhibit
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`RED-PAT-4.
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`19. The ’976 patent discloses, for example, a video camera that can be
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`configured to highly compress video data in a visually lossless manner. The
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`camera can be configured to transform blue and red image data in a manner that
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`enhances the compressibility of the data. The data can then be compressed and
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`stored in this form. This allows a user to reconstruct the red and blue data to obtain
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`the original raw data for a modified version of the original raw data that is visually
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`lossless when demosaiced. Additionally, the data can be processed so the green
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`image elements are demosaiced first, and then the red and blue elements are
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`reconstructed based on values of the demosaiced green image elements.
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`RED’s Inventions Disclosed in U.S. Patent No. 9,521,384
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`20. RED owns by assignment U.S. Patent No. 9,521,384 (the “’384
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`patent”), entitled “Green Average Subtraction in Image Data.” It issued on
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`December 13, 2016.
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`21. A true and correct copy of the patent is attached hereto as Exhibit
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`RED-PAT-5.
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 6 of 26 Page ID #:6
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`22. The ’384 patent discloses, for example, a video camera that can be
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`configured to highly compress video data in a visually lossless manner. The
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`camera can be configured to transform blue, red, and/or green image data in a
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`manner that enhances the compressibility of the data. The camera can be
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`configured to transform at least a portion of the green image data in a manner that
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`enhances the compressibility of the data. The data can then be compressed and
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`stored in this form. This allows a user to reconstruct the red, blue, and/or green
`
`image data to obtain the original raw data or a modified version of the original
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`raw data that is visually lossless when demosaiced. Additionally, the data can be
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`processed so at least some of the green image elements are demosaiced first, and
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`then the red, blue, and/or some green elements are reconstructed based on values
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`of the demosaiced green image elements.
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`RED’s Inventions Disclosed in U.S. Patent No. 9,716,866
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`23. RED owns by assignment U.S. Patent No. 9,716,866 (the “’866
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`patent”), entitled “Green Image Data Processing.” It issued on July 25, 2017.
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`24. A true and correct copy of the patent is attached hereto as Exhibit
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`RED-PAT-6.
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`25. The ’866 patent discloses, for example, a video camera that can be
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`configured to highly compress video data in a visually lossless manner. The
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`camera can be configured to transform blue, red, and/or green image data in a
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`manner that enhances the compressibility of the data. The camera can be
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`configured to transform at least a portion of the green image data in a manner that
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`enhances the compressibility of the data. The data can then be compressed and
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`stored in this form. This allows a user to reconstruct the red, blue, and/or green
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`image data to obtain the original raw data or a modified version of the original
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`raw data that is visually lossless when demosaiced. Additionally, the data can be
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`processed so at least some of the green image elements are demosaiced first, and
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`then the red, blue, and/or some green elements are reconstructed based on values
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 7 of 26 Page ID #:7
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`of the demosaiced green image elements.
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`RED’s Inventions Disclosed in U.S. Patent No. 10,582,168
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`26. RED owns by assignment U.S. Patent No. 10,582,168 (the “’168
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`patent,” and collectively with the patents discussed above, the “asserted patents”),
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`entitled “Green Image Data Processing.” It issued on March 3, 2020.
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`27. A true and correct copy of the patent is attached hereto as Exhibit
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`RED-PAT-7.
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`28. The ’168 patent discloses, for example, a video camera that can be
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`configured to highly compress video data in a visually lossless manner. The
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`camera can be configured to transform blue, red, and/or green image data in a
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`manner that enhances the compressibility of the data. The camera can be
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`configured to transform at least a portion of the green image data in a manner that
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`enhances the compressibility of the data. The data can then be compressed and
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`stored in this form. This allows a user to reconstruct the red, blue, and/or green
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`image data to obtain the original raw data or a modified version of the original
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`raw data that is visually lossless when demosaiced. Additionally, the data can be
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`processed so at least some of the green image elements are demosaiced first, and
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`then the red, blue, and/or some green elements are reconstructed based on values
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`of the demosaiced green image elements.
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`Nikon’s Products That Practice and/or Embody Those Inventions
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`29. RED is informed and believes and thereupon alleges that Nikon
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`makes, uses, imports, offers to sell, and/or sells in the United States, and in this
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`judicial district, cameras under the Nikon brand that infringe each of the asserted
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`patents.
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`30. RED is informed and believes and thereupon alleges that Nikon’s
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`infringing video cameras (the “accused products”), include, but are not limited to,
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`“Z Series Mirrorless Cameras” such as “Nikon Z 9 with Firmware 2.0.”
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 8 of 26 Page ID #:8
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`Nikon Knew About RED’s Inventions
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`31. Nikon and RED are direct competitors in the video camera market.
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`Nikon sells its accused products in the same marketing and sales channels as
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`RED.
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`32. RED is informed and believes and thereupon alleges that Nikon
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`knew about prior disputes involving the asserted patents as well as discussions in
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`the public forum surrounding the patents and RED’s assertion of those patents in
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`various actions. For example, given the foregoing and Nikon’s significance and
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`history in the camera industry, RED is informed and believed and thereupon
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`alleges that Nikon also knew about RED’s prior lawsuits involving one or more
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`of the asserted patents, including at least: Red.com, LLC v. Kinefinity, Inc. (8-21-
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`cv-00041 [CDCA]); Red.com, Inc. d/b/a Red Digital Cinema v. Sony Corporation
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`of America et al. (2-16-cv-00937 [EDTX]); Red.com, Inc. d/b/a Red Digital
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`Cinema v. Nokia USA Inc. et al. (8-16-cv-00594 [CDCA]); and Red.com, Inc. v.
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`Sony Corporation of America et al. (3-13-cv-00334 [SDCA]). RED is informed
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`and believes and thereupon alleges that Nikon also knew about the asserted
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`patents due to RED’s patent notice on its products, packaging, website
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`(www.red.com/patent). Independent of this prior knowledge, Nikon has known
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`of the asserted patents at least as of the service of this Complaint. Despite this
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`knowledge, Nikon continues to infringe the asserted patents and continues to
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`intend that other using, testing, assembling, distributing, repairing, or otherwise
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`handling the accused products continue to infringe the asserted patents.
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`33. Nikon instructs, teaches, aids, and/or encourages others to use, test,
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`assemble, distribute, repair, or otherwise handle the accused products. For
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`example, it directs users of its Z9 cameras to download Z9-related manuals from
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`Nikon’s Download Center, then teaches them how to record a motion video in the
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`N-RAW Recording Mode. See generally Exs. NIKON-INF-1 through NIKON-
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`INF-4; see also Exhibit C-5: Exemplary Claim Chart for U.S. Patent No.
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 9 of 26 Page ID #:9
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`9,521,384 (discussing how Nikon markets or aids or instructs users of Z9 video
`
`camera through its website and reference manual). Each of these exhibits is
`
`incorporated by reference in its entirety as if expressly set forth herein.
`
`COUNT 1: PATENT INFRINGEMENT UNDER 35 U.S.C. § 271
`
`Nikon Infringes Claims of the ’967 Patent
`
`34. RED repeats, realleges, and incorporates by reference the allegations
`
`set forth in paragraphs 1 through 33 of this Complaint.
`
`35. Nikon directly and/or indirectly infringes claims of the ’967 patent
`
`under § 271.
`
`36. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past infringed and is continuing to infringe literally or under the doctrine of
`
`equivalents claims of this patent in violation of § 271(a). Nikon and its authorized
`
`agents make or manufacture, use or test or service, offer to sell, or sell within the
`
`United States or import into the United States the accused products. For example,
`
`RED is informed and believes and thereupon alleges that the accused products
`
`practice directly or indirectly and literally or under the doctrine of equivalents at
`
`least the claim or claims charted in Exhibit C-1.
`
`37. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past and is continuing to induce infringement of the claims of the ’967
`
`patent in violation of § 271(b). Nikon has known of the patent and/or showed
`
`willful blindness to the patent’s existence and has instructed, taught, aided, and/or
`
`encouraged users of the accused products to use or operate the products in a
`
`manner that directly (literally or under the doctrine of equivalents) infringes the
`
`’967 patent. RED is informed and believes and thereon alleges that Nikon
`
`intended its end-users to infringe the ’967 patent, as shown at least by Nikon
`
`encouraging directs users of its Z9 cameras to download Z9-related manuals from
`
`Nikon’s Download Center and use the cameras in an infringing manner.
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 10 of 26 Page ID #:10
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`38. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past and is continuing to contribute to the infringement of the claims of the
`
`’967 patent in violation of § 271(c). Upon information and belief, Nikon has
`
`known of the patent or showed willful blindness to the patent’s existence. It has
`
`also known or shown willful blindness toward the direct (literally or under the
`
`doctrine of equivalents) infringement of others. The accused products constitute
`
`a material part of the patented inventions of the ’967 patent and are not staple
`
`articles or commodities of commerce suitable for substantial non-infringing use.
`
`Nikon has known or shown willful blindness to the accused product having been
`
`especially made or adapted for use in infringing claims of the ’967 patent.
`
`39. Nikon and RED are direct competitors in the video camera market.
`
`Nikon sells its accused products in the same channels as RED. Upon information
`
`and belief, Nikon’s unauthorized, infringing sales are likely to cause irreparable
`
`harm to RED, which cannot be adequately compensated by money damages. RED
`
`therefore seeks a preliminary and permanent injunction enjoining Nikon from
`
`infringing the claims of the ’967 patent.
`
`40. RED is informed and believes and thereupon alleges that Nikon’s
`
`infringement of the claims of the ’967 patent has injured RED in at least the
`
`following areas: lost sales and profits, reduced business, and injury to its general
`
`reputation and industry standing. Damages to RED are not yet fully quantified or
`
`measured and may not be ascertained without a proper accounting of Nikon’s
`
`sales and profits arising from its infringement. RED is also entitled to an increase
`
`of damages up to three times the amount found or assessed at least due to Nikon’s
`
`willful and deliberate infringement. RED is also entitled to an award of its
`
`attorneys’ fees because Nikon’s infringement presents an exceptional case.
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`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 11 of 26 Page ID #:11
`
`
`
`
`COUNT 2: PATENT INFRINGEMENT UNDER 35 U.S.C. § 271
`
`Nikon Infringes Claims of the ’560 Patent
`
`41. RED repeats, realleges, and incorporates by reference the allegations
`
`set forth in paragraphs 1 through 32 of this Complaint.
`
`42. Nikon directly and/or indirectly infringes claims of the ’560 patent
`
`under § 271.
`
`43. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past infringed and is continuing to infringe literally or under the doctrine of
`
`equivalents claims of the ’560 patent in violation of § 271(a). Nikon and its
`
`authorized agents make or manufacture, use or test or service, offer to sell, or sell
`
`within the United States or import into the United States the accused products.
`
`For example, RED is informed and believes and thereupon alleges that the
`
`accused products practice directly or indirectly and literally or under the doctrine
`
`of equivalents at least the claim or claims charted in Exhibit C-2.
`
`44. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past and is continuing to induce infringement of the claims of the ’560
`
`patent in violation of § 271(b). Nikon has known of the patent and/or showed
`
`willful blindness to the patent’s existence and has instructed, taught, aided, and/or
`
`encouraged users of the accused products to use or operate the products in a
`
`manner that directly (literally or under the doctrine of equivalents) infringes the
`
`’560 patent. RED is informed and believes and thereon alleges that Nikon
`
`intended its end-users to infringe the ’560 patent, as shown at least by Nikon
`
`encouraging directs users of its Z9 cameras to download Z9-related manuals from
`
`Nikon’s Download Center and use the cameras in an infringing manner.
`
`45. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past and is continuing to contribute to the infringement of the claims of
`
`the’560 patent in violation of § 271(c). Upon information and belief, Nikon has
`
`known of the patent or showed willful blindness to the patent’s existence. It has
`
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`

`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 12 of 26 Page ID #:12
`
`
`
`
`also known or shown willful blindness toward the direct (literally or under the
`
`doctrine of equivalents) infringement of others. The accused products constitute
`
`a material part of the patented inventions of the ’560 patent and are not staple
`
`articles or commodities of commerce suitable for substantial non-infringing use.
`
`Nikon has known or shown willful blindness to the accused product having been
`
`especially made or adapted for use in infringing claims of the ’560 patent.
`
`46. Nikon and RED are direct competitors in the video camera market.
`
`Nikon sells its accused products in the same channels as RED. Upon information
`
`and belief, Nikon’s unauthorized, infringing sales are likely to cause irreparable
`
`harm to RED, which cannot be adequately compensated by money damages. RED
`
`therefore seeks a preliminary and permanent injunction enjoining Nikon from
`
`infringing the claims of the ’560 patent.
`
`47. RED is informed and believes and thereupon alleges that Nikon’s
`
`infringement of the claims of the ’560 patent has injured RED in at least the
`
`following areas: lost sales and profits, reduced business, and injury to its general
`
`reputation and industry standing. Damages to RED are not yet fully quantified or
`
`measured and may not be ascertained without a proper accounting of Nikon’s
`
`sales and profits arising from its infringement. RED is also entitled to an increase
`
`of damages up to three times the amount found or assessed at least due to Nikon’s
`
`willful and deliberate infringement. RED is also entitled to an award of its
`
`attorneys’ fees because Nikon’s infringement presents an exceptional case.
`
`COUNT 3: PATENT INFRINGEMENT UNDER 35 U.S.C. § 271
`
`Nikon Infringes Claims of the ’314 Patent
`
`48. RED repeats, realleges, and incorporates by reference the allegations
`
`set forth in paragraphs 1 through 32 of this Complaint.
`
`49. Nikon directly and/or indirectly infringes claims of the ’314 patent
`
`under § 271.
`
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`

`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 13 of 26 Page ID #:13
`
`
`
`
`50. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past infringed and is continuing to infringe literally or under the doctrine of
`
`equivalents claims of the ’314 patent in violation of § 271(a). Nikon and its
`
`authorized agents make or manufacture, use or test or service, offer to sell, or sell
`
`within the United States or import into the United States the accused products.
`
`For example, RED is informed and believes and thereupon alleges that the
`
`accused products practice directly or indirectly and literally or under the doctrine
`
`of equivalents at least the claim or claims charted in Exhibit C-3.
`
`51. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past and is continuing to induce infringement of the claims of the ’314
`
`patent in violation of § 271(b). Nikon has known of the patent and/or showed
`
`willful blindness to the patent’s existence and has instructed, taught, aided, and/or
`
`encouraged users of the accused products to use or operate the products in a
`
`manner that directly (literally or under the doctrine of equivalents) infringes the
`
`’314 patent. RED is informed and believes and thereon alleges that Nikon
`
`intended its end-users to infringe the ’314 patent, as shown at least by Nikon
`
`encouraging directs users of its Z9 cameras to download Z9-related manuals from
`
`Nikon’s Download Center and use the cameras in an infringing manner.
`
`52. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past and is continuing to contribute to the infringement of the claims of the
`
`’314 patent in violation of § 271(c). Upon information and belief, Nikon has
`
`known of the patent or showed willful blindness to the patent’s existence. It has
`
`also known or shown willful blindness toward the direct (literally or under the
`
`doctrine of equivalents) infringement of others. The accused products constitute
`
`a material part of the patented inventions of the ’314 patent and are not staple
`
`articles or commodities of commerce suitable for substantial non-infringing use.
`
`Nikon has known or shown willful blindness to the accused product having been
`
`especially made or adapted for use in infringing claims of the ’314 patent.
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`

`

`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 14 of 26 Page ID #:14
`
`
`
`
`53. Nikon and RED are direct competitors in the video camera market.
`
`Nikon sells its accused products in the same channels as RED. Upon information
`
`and belief, Nikon’s unauthorized, infringing sales are likely to cause irreparable
`
`harm to RED, which cannot be adequately compensated by money damages. RED
`
`therefore seeks a preliminary and permanent injunction enjoining Nikon from
`
`infringing the claims of the ’314 patent.
`
`54. RED is informed and believes and thereupon alleges that Nikon’s
`
`infringement of the claims of the ’314 patent has injured RED in at least the
`
`following areas: lost sales and profits, reduced business, and injury to its general
`
`reputation and industry standing. Damages to RED are not yet fully quantified or
`
`measured and may not be ascertained without a proper accounting of Nikon’s
`
`sales and profits arising from its infringement. RED is also entitled to an increase
`
`of damages up to three times the amount found or assessed at least due to Nikon’s
`
`willful and deliberate infringement. RED is also entitled to an award of its
`
`attorneys’ fees because Nikon’s infringement presents an exceptional case.
`
`COUNT 4: PATENT INFRINGEMENT UNDER 35 U.S.C. § 271
`
`Nikon Infringes Claims of the ’976 Patent
`
`55. RED repeats, realleges, and incorporates by reference the allegations
`
`set forth in paragraphs 1 through 32 of this Complaint.
`
`56. Nikon directly and/or indirectly infringes claims of the ’976 patent
`
`under § 271.
`
`57. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past infringed and is continuing to infringe literally or under the doctrine of
`
`equivalents claims of the ’976 patent in violation of § 271(a). Nikon and its
`
`authorized agents make or manufacture, use or test or service, offer to sell, or sell
`
`within the United States or import into the United States the accused products.
`
`For example, RED is informed and believes and thereupon alleges that the
`
`accused products practice directly or indirectly and literally or under the doctrine
`
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`

`

`Case 8:22-cv-01048 Document 1 Filed 05/25/22 Page 15 of 26 Page ID #:15
`
`
`
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`of equivalents at least the claim or claims charted in Exhibit C-4.
`
`58. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past and is continuing to induce infringement of the claims of the ’976
`
`patent in violation of § 271(b). Nikon has known of the patent and/or showed
`
`willful blindness to the patent’s existence and has instructed, taught, aided, and/or
`
`encouraged users of the accused products to use or operate the products in a
`
`manner that directly (literally or under the doctrine of equivalents) infringes the
`
`’976 patent. RED is informed and believes and thereon alleges that Nikon
`
`intended its end-users to infringe the ’976 patent, as shown at least by Nikon
`
`encouraging directs users of its Z9 cameras to download Z9-related manuals from
`
`Nikon’s Download Center and use the cameras in an infringing manner.
`
`59. RED is informed and believes and thereupon alleges that Nikon has
`
`in the past and is continuing to contribute to the infringement of the c