Case 3:20-cv-05553-SK Document 1 Filed 08/10/20 Page 1 of 118
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`LAW OFFICES OF SETH W. WIENER
`Seth W. Wiener (SBN 203747)
`seth@sethwienerlaw.com
`609 Karina Court,
`San Ramon, California 94582
`Telephone: (925) 487-5607
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`DEVLIN LAW FIRM LLC
`Timothy Devlin (pro hac vice to be filed)
`tdevlin@devlinlawfirm.com
`Derek Dahlgren (pro hac vice to be filed)
`ddahlgren@devlinlawfirm.com
`Cory Edward (pro hac vice to be filed)
`cedwards@devlinlawfirm.com
`1526 Gilpin Avenue
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
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`Attorneys for Plaintiff
`Onscreen Dynamics, LLC
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`Case No.: 3:20-cv-5553
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`ONSCREEN DYNAMICS, LLC,
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`Plaintiff,
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`v.
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`ASUSTEK COMPUTER INC. & ASUS
`COMPUTER INTERNATIONAL,
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`Defendants.
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`Complaint
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`Case 3:20-cv-05553-SK Document 1 Filed 08/10/20 Page 2 of 118
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`Plaintiff Onscreen Dynamics, LLC (“Onscreen” or “Plaintiff”), for its Complaint against
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`Defendants ASUSTeK Computer Inc (“ASUSTek”) and ASUS Computer International (ASUS Int.”),
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`(individually each a “Defendant” and collectively “Defendants” or “ASUS”) alleges the following:
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`NATURE OF THE ACTION
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`1. This is an action for patent infringement arising under the Patent Laws of the United
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`States, 35 U.S.C. § 1 et seq.
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`THE PARTIES
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`2. Plaintiff is a limited liability company organized under the laws of the State of
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`Delaware with a place of business at 717 N. Union Street, Wilmington, DE, 19805.
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`3. Upon information and belief, ASUSTeK is a foreign corporation organized and existing
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`under the laws Taiwan, with a place of business at No. 15, Li-Te Rd., Beitou District, Taipei 112,
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`Taiwan. Upon information and belief, ASUSTeK sells and offers to sell products and services
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`throughout the United States, including in this judicial district, and introduces products and services
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`that into the stream of commerce and that incorporate infringing technology knowing that they would
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`be sold in this judicial district and elsewhere in the United States.
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`4. Upon information and belief ASUS Int. is a corporation organized and existing under
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`the laws of California, with a place of business at 48720 Kato Road, Fremont, CA 94538. Upon
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`information and belief, ASUS Int. sells and offers to sell products and services throughout the United
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`States, including in this judicial district, and introduces products and services into the stream of
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`commerce and that incorporate infringing technology knowing that they would be sold in this judicial
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`district and elsewhere in the United States.
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`5.
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`This is an action for patent infringement arising under the Patent Laws of the United
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`JURISDICTION AND VENUE
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`States, Title 35 of the United States Code.
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`6.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`Venue is proper in this judicial district under 28 U.S.C. §1400(b). On information and
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`belief, Defendant ASUSTeK is a foreign corporation that may be sued in this judicial district.
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`Defendant ASUS Int. is incorporated in this State of California. Both Defendants, ASUSTek and
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`Complaint
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`Case 3:20-cv-05553-SK Document 1 Filed 08/10/20 Page 3 of 118
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`ASUS Int., have committed acts of infringement in this District and have a regular and established
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`place of business within this District.
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`8.
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`On information and belief, each Defendant is subject to this Court’s general and specific
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`personal jurisdiction because each Defendant has sufficient minimum contacts within the State of
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`California and this District, pursuant to due process and/or the because each Defendant purposefully
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`availed itself of the privileges of conducting business in the State of California and in this District,
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`because each Defendant regularly conducts and solicits business within the State of California and
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`within this District, and because Plaintiff’s causes of action arise directly from each of Defendant’s
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`business contacts and other activities in the State of California and this District. Further, this Court has
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`personal jurisdiction over ASUS Int. because it is incorporated in California and has purposely availed
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`itself of the privileges and benefits of the laws of the State of California.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 9,395,917
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`9.
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`The allegations set forth in the foregoing paragraphs 1 through 8 are incorporated into
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`this First Claim for Relief.
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`10.
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`On July 19, 2016, U.S. Patent No. 9,395,917 (“the ’917 patent”), entitled “Electronic
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`Display with a Virtual Bezel,” was duly and legally issued by the United States Patent and Trademark
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`Office. A true and correct copy of the ’917 patent is attached as Exhibit A.
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`11.
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` The inventions of the ’917 patent resolve technical problems related to how to prevent
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`unintended registering of touching of a touchscreen electronic display, and thereby avoid unintended
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`actions. Those problems also included placing components and controls, for example a camera, a
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`speaker, or sensors to avoid obstruction of the content on the touchscreen display. Those problems
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`further included increasing or maximizing display area while providing functionality of a physical
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`bezel. See, e.g., ’917 patent at col. 1, ll. 21–59.
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`12. The technological improvements described and claimed in the ’917 patent were not
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`conventional or generic at the time of their invention, but rather required novel and non-obvious solutions
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`to problems and shortcomings in the art at the time. See, e.g., ’917 patent at col. 1, l. 21–col. 9, l. 41.
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`For example, claim 1 of the ’917 patent is directed to a display screen having a virtual bezel area and an
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`active touchscreen region, both of which display portions of content but have different modes of response
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`Complaint
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`Case 3:20-cv-05553-SK Document 1 Filed 08/10/20 Page 4 of 118
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`to certain touch-based inputs.
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`13.
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`The inventions claimed in the ’917 patent cover more than just the performance of well-
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`understood, routine or conventional activities known in the art. See, e.g., ’917 patent at col. 1, l. 21–
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`col. 9, l. 41. For example, claim 1 of the ’917 patent is directed to a display screen having a virtual
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`bezel area and an active touchscreen region, both of which display portions of content but have different
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`modes of response to certain touch-based inputs. The technological improvements described and
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`claimed in the ’917 patent were not conventional or generic at the time of their invention, but rather
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`required novel and non-obvious solutions to problems and shortcomings in the art at the time. See,
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`e.g., ’917 patent at col. 1, l. 21–col. 9, l. 41. For example, claim 1 of the ’917 patent is directed to a
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`display screen having a virtual bezel area and an active touchscreen region, both of which display
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`portions of content but have different modes of response to certain touch-based inputs.
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`14. The ’917 patent claims inventions that provide technological solutions to technological
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`problems. The written description of the ’917 patent describes in technical detail each of the elements of
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`the claims, including a display screen having a virtual bezel area and an active touchscreen region, both
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`of which display portions of content but have different modes of response to certain touch-based inputs.
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`15. Each of the claims of the ’917 patent capture the improvements described and illustrated
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`in the specification. For example, claim 1 of the ’917 patent is directed to a display screen having a
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`virtual bezel area and an active touchscreen region, both of which display portions of content but have
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`different modes of response to certain touch-based inputs.
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`16. The written description describes each of the elements such that persons of ordinary skill
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`in the art understand what the claims and their elements cover and how the non-conventional and non-
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`generic combination of claim elements differ markedly from and improved upon the art. See, e.g., ’917
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`patent at col. 1, l. 21–col. 9, l. 41. For example, claim 1 of the ’917 patent is directed to a display screen
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`having a virtual bezel area and an active touchscreen region, both of which display portions of content
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`but have different modes of response to certain touch-based inputs.
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`17. Technology leaders including Microsoft Technology Licensing LLC, Amazon
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`Technologies, Inc., Samsung Electronics Co., Ltd., and the USPTO have cited the ’917 patent as a
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`reference over 20 times. See https://patents.google.com/patent/US9395917B2/en (last accessed August
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`Complaint
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`7, 2020); 37 CFR 1.104, Nature of Examination (“the examiner must cite the best references at his or
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`her command.”).
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`18. Viewed in light of the specification of the ’917 patent, the claims are not directed to basic
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`tools of scientific and technological work, nor are they directed to a fundamental economic practice. See,
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`e.g., ’917 patent at col. 1, l. 21–col. 12, l. 21. For example, claim 1 of the ’917 patent is directed to a
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`display screen having a virtual bezel area and an active touchscreen region, both of which display
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`portions of content but have different modes of response to certain touch- based inputs.
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`19. The claims of the ʼ917 patent are not directed to the use of an abstract mathematical
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`formula. See, e.g., ’917 patent at col. 1, l. 21–col. 12, l. 21. For example, claim 1 of the ’917 patent is
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`directed to a display screen having a virtual bezel area and an active touchscreen region, both of which
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`display portions of content but have different modes of response to certain touch- based inputs.
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`20. The claims of the ʼ917 patent are not directed to the use of a general-purpose computer.
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`See, e.g., ’917 patent at col. 1, l. 21–col. 12, l. 21. For example, claim 1 of the ’917 patent is directed to
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`a display screen having a virtual bezel area and an active touchscreen region, both of which display
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`portions of content but have different modes of response to certain touch- based inputs.
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`21. The claims of the ʼ917 patent are not directed to implementation of a mathematical
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`formula. See, e.g., ’917 patent at col. 1, l. 21–col. 12, l. 21. For example, claim 1 of the ’917 patent is
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`directed to a display screen having a virtual bezel area and an active touchscreen region, both of which
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`display portions of content but have different modes of response to certain touch- based inputs.
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`Moreover, the prior art includes touch screen displays, yet the claims of the ’917 patent were deemed
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`novel and non-obvious, demonstrating (among other reasons) the non- conventionality of the technology
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`described and claimed in the ’917 Patent.
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`22. The claims of the ʼ917 patent are not directed to generalized steps to be performed on a
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`computer using conventional activity. See, e.g., ’917 patent at col. 1, l. 21–col. 12, l. 21. For example,
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`claim 1 of the ’917 patent is directed to a display screen having a virtual bezel area and an active
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`touchscreen region, both of which display portions of content but have different modes of response to
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`certain touch-based inputs.
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`23. The claims of the ʼ917 patent are not directed to a method of organizing human activity
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`Complaint
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`or to a fundamental economic practice long prevalent in our system of commerce. See, e.g., ’917 patent
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`at col. 1, l. 21–col. 12, l. 21. For example, claim 1 of the ’917 patent is directed to a display screen
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`having a virtual bezel area and an active touchscreen region, both of which display portions of content
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`but have different modes of response to certain touch-based inputs.
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`24. The claims of the ʼ917 patent do not take a well-known or established business method
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`or process and apply it to, or using, a general-purpose computer. See, e.g., ’917 patent at col. 1, l. 21–
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`col. 12, l. 21. For example, claim 1 of the ’917 patent is directed to a display screen having a virtual
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`bezel area and an active touchscreen region, both of which display portions of content but have different
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`modes of response to certain touch-based inputs.
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`25. The claims of the ’917 patent do not preempt the field of their inventions or preclude the
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`use of other methods and systems because the claims recite specific elements that include more than the
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`performance of well-understood, routine, and conventional activities previously known to the art. See,
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`e.g., ’917 patent at col. 1, l. 21–col. 12, l. 21. For example, claim 1 of the ’917 patent is directed to a
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`display screen having a virtual bezel area and an active touchscreen region, both of which display portions
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`of content but have different modes of response to certain touch-based inputs.
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`26.
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`Plaintiff is the assignee and owner of the right, title and interest in and to the ’917
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`patent, including the right to assert all causes of action arising under said patents and the right to any
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`remedies for infringement of them.
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`27.
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`Upon information and belief, each Defendant has and continues to directly infringe at
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`least claims 1-3 of the ’917 patent by making, using, selling, importing and/or providing and causing to
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`be used electronic devices with touchscreen capabilities, including the use of a virtual bezel (the
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`“Accused Instrumentalities”).
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`28.
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`The Accused Instrumentalities identified above are examples that were identified based
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`on publicly available information. Plaintiff reserves its right to identify additional infringing activities,
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`products, and services, including, for example, on the basis of information obtained during discovery
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`and as Defendants introduce new infringing devices through the end of trial.
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`29.
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`The Accused Instrumentalities include a display screen having a virtual bezel suitable
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`for use as part of an electronic device where the display screen includes: (a) a virtual bezel area, having
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`Complaint
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`a touchscreen layer with a first mode of response to a first set of touch-based inputs from a user of the
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`display screen, the virtual bezel area functioning to display a first portion of content on the display
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`screen; (b) an active touchscreen region substantially disposed within the virtual bezel area, the active
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`touchscreen region having a touchscreen layer with a second mode of response to the first set of touch-
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`based inputs from the user of the display screen, the active touchscreen region functioning to display a
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`second portion of the content on the display screen; and (c) a gestural software application in
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`communication with the display screen having a virtual bezel, the gestural software application
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`functioning to produce the first mode of response in the virtual bezel area, wherein the first mode of
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`response is configured to selectively interpret touch- based inputs as intentional user input intended to
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`affect the display of the second portion of the content on the active touchscreen region. See attached
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`claim chart, Exhibit C. See also:
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`https://www.asus.com/us/2-in-1-PCs/ASUS-VivoBook-Flip-14-TP401NA/ (last
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`accessed August 4, 2020);
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`https://www.asus.com/us/All-in-One-PCs/ASUS-Zen-AiO-27-Z272SD/(last
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`accessed August 4, 2020);
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`https://www.asus.com/us/Laptops/ProArt-StudioBook-Pro-X-W730G5T/(last
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`accessed August 4, 2020); and
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`https://www.asus.com/us/Laptops/ASUS-ZenBook-14-UX434FL/ (last accessed
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`August 4, 2020).
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`30.
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`On information and belief, these Accused Instrumentalities are used marketed, provided
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`to, and/or used by or for each of Defendant’s partners, clients, customers and end users across the
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`country and in this District.
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`31.
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`Each of Defendants was made aware of the ’917 patent and its infringement thereof at
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`least as early as the filing of this Complaint.
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`32.
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`Upon information and belief, since at least the time each Defendant received notice,
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`each Defendant has induced and continues to induce others to infringe at least one claim of the ’917
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`patent under 35 U.S.C. § 271(b) by, among other things, and with specific intent or willful blindness,
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`actively aiding and abetting others to infringe, including but not limited to each of Defendant’s
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`partners, clients, customers, and end users, whose use of the Accused Instrumentalities constitutes
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`direct infringement of at least one claim of the ’917 patent.
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`33.
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`In particular, each Defendant’s actions that aid and abet others such as its partners,
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`customers, clients, and end users to infringe include advertising and distributing the Accused
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`Instrumentalities and providing instruction materials, training, and services regarding the Accused
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`Instrumentalities. On information and belief, each Defendant has engaged in such actions with specific
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`intent to cause infringement or with willful blindness to the resulting infringement because each
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`Defendant has had actual knowledge of the ’917 patent and knowledge that its acts were inducing
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`infringement of the ’917 patent since at least the date of this Complaint that such activities infringed
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`the ’917 patent.
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`34.
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`Upon information and belief, each Defendant is liable as a contributory infringer of the
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`’917 patent under 35 U.S.C. § 271(c) by offering to sell, selling and importing into the United States
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`computerized trading platforms to be especially made or adapted for use in an infringement of the ’917
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`patent. The Accused Instrumentalities are a material component for use in practicing the ’917 patent
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`and are specifically made and are not a staple article of commerce suitable for substantial non-
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`infringing use.
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`35.
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`Since at least the filing of this Complaint, each Defendant’s infringement has been
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`willful.
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`36.
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`Plaintiff has been harmed by Defendants’ infringing activities.
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`COUNT II – INFRINGEMENT OF U.S. PATENT NO. 9,645,663
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`37.
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`The allegations set forth in the foregoing paragraphs 9 through 36 are incorporated into
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`this Second Claim for Relief.
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`38.
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`On May 9, 2017, U.S. Patent No. 9,645,663 (“the ’663 patent”), entitled “Electronic
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`Display with a Virtual Bezel,” was duly and legally issued by the United States Patent and Trademark
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`Office. A true and correct copy of the ’663 patent is attached as Exhibit B.
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`39. The inventions of the ’663 patent resolve technical problems related to how to prevent
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`unintended registering of touching of a touchscreen electronic display, and thereby avoiding unintended
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`actions. Those problem also included placing components and controls, for example a camera, a speaker,
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`Complaint
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`or sensors to avoid obstruction of the content on the touchscreen display. Those problems further
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`included increasing or maximizing display area while providing functionality of a physical bezel. See,
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`e.g., ’663 patent at col. 1, ll. 21–59.
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`40. The technological improvements described and claimed in the ’663 patent were not
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`conventional or generic at the time of their invention, but rather required novel and non-obvious solutions
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`to problems and shortcomings in the art at the time. See, e.g., ’663 patent at col. 1, l. 21–col. 9, l. 41.
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`For example, claim 14 of the ’663 patent is directed to a display screen having a virtual bezel region and
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`an active touchscreen region, both of which display portions of content but have different modes of
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`response to certain touch-based inputs. Moreover, the prior art includes touch screen displays, yet the
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`claims of the ‘663 patent were deemed novel and non-obvious, demonstrating (among other reasons) the
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`non-conventionality of the technology described and claimed in the ‘663 Patent.
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`41. The inventions claimed in the ’663 patent cover more than just the performance of well-
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`understood, routine, or conventional activities known in the art. See, e.g., ’663 patent at col. 1, l. 21–
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`col. 9, l. 41. For example, claim 14 of the ’663 patent is directed to a display screen having a virtual
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`bezel region and an active touchscreen region, both of which display portions of content but have
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`different modes of response to certain touch-based inputs.
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`42. The ’663 patent claims inventions that provide technological solutions to technological
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`problems. The written description of the ’663 patent describes in technical detail each of the elements
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`of the claims, including a display screen having a virtual bezel region and an active touchscreen region,
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`both of which display portions of content but have different modes of response to certain touch-based
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`inputs.
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`43. The written description describes the elements of the claims such that persons of ordinary
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`skill in the art understand what the claims cover and how the non-conventional and non- generic
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`combination of claim elements differ markedly from and improved upon the art. See, e.g., ’663 patent
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`at col. 1, l. 21–col. 9, l. 41.
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`44. Technology leaders including Microsoft Technology Licensing LLC, Amazon
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`Technologies, Inc., Samsung Electronics Co., Ltd., and the USPTO have cited the ’663 patent family
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`over 20 times. See https://patents.google.com/patent/US9645663B2/en (last accessed August 7, 2020);
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`Complaint
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`Case 3:20-cv-05553-SK Document 1 Filed 08/10/20 Page 10 of 118
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`37 CFR 1.104, Nature of Examination (“the examiner must cite the best references at his or her
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`command.”).
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`45. Viewed in light of the specification of the ’663 patent, the claims are not directed to basic
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`tools of scientific and technological work, nor are they directed to a fundamental economic practice. See,
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`e.g., ’663 patent at col. 1, l. 21–col. 12, l. 44. For example, claim 14 of the ’663 patent is directed to a
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`display screen having a virtual bezel region and an active touchscreen region, both of which display
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`portions of content but have different modes of response to certain touch- based inputs.
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`46. The claims of the ʼ663 patent are not directed to the use of an abstract mathematical
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`formula. See, e.g., ’663 patent at col. 1, l. 21–col. 12, l. 44. For example, claim 14 of the ’663 Patent is
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`directed to a display screen having a virtual bezel region and an active touchscreen region, both of which
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`display portions of content but have different modes of response to certain touch- based inputs.
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`47. The claims of the ʼ663 patent are not directed to the use of a general-purpose computer.
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`See, e.g., ’663 Patent at col. 1, l. 21–col. 12, l. 44. For example, claim 14 of the ’663 patent is directed
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`to a display screen having a virtual bezel region and an active touchscreen region, both of which display
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`portions of content but have different modes of response to certain touch- based inputs.
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`48. The claims of the ʼ663 patent are not directed to implementation of a mathematical
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`formula. See, e.g., ’663 patent at col. 1, l. 21–col. 12, l. 44. For example, claim 14 of the ’663 Patent is
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`directed to a display screen having a virtual bezel region and an active touchscreen region, both of which
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`display portions of content but have different modes of response to certain touch- based inputs.
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`49. The claims of the ʼ663 patent are not directed to generalized steps to be performed on a
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`computer using conventional activity. See, e.g., ’663 patent at col. 1, l. 21–col. 12, l. 44. For example,
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`claim 14 of the ’663 patent is directed to a display screen having a virtual bezel region and an active
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`touchscreen region, both of which display portions of content but have different modes of response to
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`certain touch-based inputs.
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`50. The claims of the ʼ663 patent are not directed to a method of organizing human activity
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`or to a fundamental economic practice long prevalent in our system of commerce. See, e.g., ’663 patent
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`at col. 1, l. 21–col. 12, l. 44. For example, claim 14 of the ’663 patent is directed to a display screen
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`having a virtual bezel region and an active touchscreen region, both of which display portions of content
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`Complaint
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`but have different modes of response to certain touch-based inputs.
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`51. The claims of the ʼ663 patent do not take a well-known or established business method
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`or process and apply it to, or using, a general-purpose computer. See, e.g., ’663 patent at col. 1, l. 21–
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`col. 12, l. 44. For example, claim 14 of the ’663 patent is directed to a display screen having a virtual
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`bezel region and an active touchscreen region, both of which display portions of content but have
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`different modes of response to certain touch-based inputs.
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`52. The claims of the ’663 patent do not preempt the field of their inventions or preclude the
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`use of other methods and systems because the claims recite specific elements that include more than the
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`performance of well-understood, routine, and conventional activities previously known to the art. See,
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`e.g., ’663 patent at col. 1, l. 21–col. 12, l. 44. For example, claim 14 of the ’663 patent is directed to a
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`display screen having a virtual bezel region and an active touchscreen region, both of which display
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`portions of content but have different modes of response to certain touch-based inputs.
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`53. The claims of the ’663 patent capture the improvements described and illustrated in the
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`specification. For example, claim 14 of the ’663 patent is directed to a display screen having a virtual
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`bezel region and an active touchscreen region, both of which display portions of content but have
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`different modes of response to certain touch-based inputs.
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`54.
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`Plaintiff is the assignee and owner of the right, title and interest in and to the ’663
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`patent, including the right to assert all causes of action arising under said patents and the right to any
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`remedies for infringement of them.
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`55.
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`Upon information and belief, each Defendant has and continues to directly infringe at
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`least claims 14 and 15 of the ’663 patent by making, using, selling, importing and/or providing and
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`causing to be used electronic devices with touchscreen capabilities, including the use of a virtual bezel
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`(the “Accused Instrumentalities”).
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`56.
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`The Accused Instrumentalities identified above are examples that were identified based
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`on publicly available information. Plaintiff reserves its right to identify additional infringing activities,
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`products, and services, including, for example, on the basis of information obtained during discovery
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`and as Defendants introduce new infringing devices through the end of trial.
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`57. The Accused Instrumentalities include handheld interactive electronic devices having a
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`Complaint
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`Case 3:20-cv-05553-SK Document 1 Filed 08/10/20 Page 12 of 118
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`virtual bezel display screen, the virtual bezel display screen including: (a) an active touchscreen region
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`having a touchscreen layer with a first mode of response to touch-based inputs from a user of the
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`electronic device, the active touchscreen region configured to display a first portion of the content on the
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`virtual bezel display screen; and (b) a virtual bezel region along one or more edges of the display screen
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`and adjacent to the active touchscreen region, the virtual bezel region having a touchscreen layer with a
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`second mode of response to touch-based inputs from a user of the electronic device, the virtual bezel
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`region configured to display a second portion of content on the display screen; wherein the second mode
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`of response is configured to selectively interpret touch-based inputs as intentional user input intended to
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`affect the display of the first portion of the content on the active touchscreen region. See claim chart,
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`Exhibit B. See also:
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`•
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`https://www.asus.com/us/2-in-1-PCs/ASUS-VivoBook-Flip-14-TP401NA/ (last
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`accessed August 4, 2020);
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`•
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`https://www.asus.com/us/All-in-One-PCs/ASUS-Zen-AiO-27-Z272SD/(last
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`accessed August 4, 2020);
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`•
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`https://www.asus.com/us/Laptops/ProArt-StudioBook-Pro-X-W730G5T/(last
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`accessed August 4, 2020); and
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`https://www.asus.com/us/Laptops/ASUS-ZenBook-14-UX434FL/ (last accessed
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`August 4, 2020).
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`58.
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`On information and belief, these Accused Instrumentalities are used marketed, provided
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`to, and/or used by or for each of Defendant’s partners, clients, customers and end users across the
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`country and in this District.
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`59.
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`Each of Defendants was made aware of the ’663 patent and its infringement thereof at
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`least as early as the filing of this Complaint.
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`60.
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`Upon information and belief, since at least the time each Defendant received notice,
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`each Defendant has induced and continues to induce others to infringe at least one claim of the ’663
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`patent under 35 U.S.C. § 271(b) by, among other things, and with specific intent or willful blindness,
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`actively aiding and abetting others to infringe, including but not limited to each of Defendant’s
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`Complaint
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`Case 3:20-cv-05553-SK Document 1 Filed 08/10/20 Page 13 of 118
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`partners, clients, customers, and end users, whose use of the Accused Instrumentalities constitutes
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`direct infringement of at least one claim of the ’663 patent.
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`61.
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`In particular, each Defendant’s actions that aid and abet others such as its partners,
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`customers, clients, and end users to infringe include advertising and distributing the Accused
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`Instrumentalities and providing instruction materials, training, and services regarding the Accused
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`Instrumentalities. On information and belief, each Defendant has engaged in such actions with specific
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`intent to cause infringement or with willful blindness to the resulting infringement because each
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`Defendant has had actual knowledge of the ’663 patent and knowledge that its acts were inducing
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`infringement of the ’663 patent since at least the date of this Complaint that such activities infringed
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`the ’663 patent.
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`62.
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`Upon information and belief, each Defendant is liable as a contributory infringer of the
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`’663 patent under 35 U.S.C. § 271(c) by offering to sell, selling and importing into the United States
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`computerized trading platforms to be especially made or adapted for use in an infringement of the ’663
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`patent. The Accused Instrumentalities are a material component for use in practicing the ’663 patent
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`and are specifically made and are not a staple article of commerce suitable for substantial non-
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`infringing use.
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`63.
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`Since at least the filing of