Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 1 of 18
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`MASCHOFF BRENNAN GILMORE & ISRAELSEN, PLLC
`Sterling A. Brennan (Cal. Bar No. 126091)
`sbrennan@mabr.com
`Saloni Mathur (Cal. Bar No. 335028)
`smathur@mabr.com
`100 Spectrum Center Drive, Suite 1200
`Irvine, California 92618
`Telephone: 949.202.1900
`Facsimile: 949.453.1104
`
`Kirk R. Harris (pro hac vice forthcoming)
`kharris@mabr.com
`Ryan A. Cook (pro hac vice forthcoming)
`rcook@mabr.com
`111 South Main Street, Suite 600
`Salt Lake City, Utah 84111
`Telephone: 801.297.1850
`Facsimile: 435.252.1361
`
`Attorneys for Plaintiff Largan Precision Co., Ltd.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`LARGAN PRECISION CO., LTD.,
`Case No.: 5:21-cv-9138
`Plaintiff,
`
`vs.
`MOTOROLA MOBILITY LLC,
`Defendant.
`
`COMPLAINT FOR
`PATENT INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`COMPLAINT
`Plaintiff Largan Precision Co., Ltd. (“Largan”) hereby makes this complaint against
`
`Motorola Mobility LLC (“Motorola”) as follows:
`NATURE OF ACTION
`This is a patent infringement action. Largan seeks damages for Motorola’s
`1.
`infringement of Largan’s patented optical lens assemblies in the United States.
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`Case No. 5:21-cv-9138
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 2 of 18
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`INTRADISTRICT ASSIGNMENT
`This is an intellectual property action and shall be assigned on a district-wide
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`2.
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`basis pursuant to Civil L.R. 3-2(c) and this Court’s Assignment Plan.
`PARTIES
`Largan is a Taiwanese corporation with its principal place of business located at
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`3.
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`No. 11, Jingke Road, Nantun District, Taichung City 40852, Taiwan. Largan was founded in
`1987 and has been publicly listed on the Taiwan Stock Exchange since 2002.
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`4.
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`On information and belief, Motorola is a limited liability company organized
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`under the laws of the State of Delaware with a principal place of business located at 222 W.
`Merchandise Market Plaza Suite 1800, Chicago, Illinois 60654. On information and belief,
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`Motorola is and has been registered to do business in California since at least August 7, 2012.
`Motorola may be served with process in California through its registered agent C T Corporation
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`System, at 330 N. Brand Boulevard, Suite 700, Glendale, California 91203. On information and
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`belief, Motorola is indirectly a wholly-owned subsidiary of Lenovo Group, Ltd. (“Lenovo
`Group”). On information and belief, Lenovo Group is a company incorporated under the laws of
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`the People’s Republic of China and having a principal place of business at No. 6 Chuang Ye
`Road, 2 Haidian District, Beijing, China 100085.
`FACTUAL BACKGROUND
`Largan is a world leader in the research, development, design, and production of
`5.
`high-end imaging lenses, optical lens modules, and optoelectronic components. A pioneer in the
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`field of imaging, Largan’s lenses can be found in a wide array of consumer electronic products,
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`including smartphones, notebook computers, laptop computers, tablets, webcams, and scanners,
`from a variety of end-product manufacturers.
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`Largan’s success is founded upon its innovations, and Largan often appears on
`6.
`lists of Taiwan’s most innovative companies. In the field of imaging, Largan revolutionized the
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`design and production of plastic aspherical lenses while other lens manufacturers relied on glass
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`lenses. Largan’s innovations have enabled smartphones and computers to maintain and even
`improve their imaging capabilities despite demand for smaller lens assemblies. To meet this
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 3 of 18
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`demand for compact, high-performance imaging lenses, Largan has developed new technologies,
`for which it has sought and obtained patent protection in the United States and elsewhere. Largan
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`currently owns around 700 U.S. patents.
`7.
`The inventions disclosed in U.S. Patent Nos. 8,310,767 (“the ’767 patent”),
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`8,514,499 (“the ’499 patent”), 9,696,519 (“the ’519 patent”), 9,784,948 (“the ’948 patent”),
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`10,209,487 (“the ’487 patent”), and 10,564,397 (“the ’397 patent”) (collectively, the “Asserted
`Patents”) exemplify Largan’s state-of-the-art optical lens assemblies. These inventions
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`demonstrate Largan’s status as a world leader in the research and design of optical imaging
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`technology.
`8.
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`The inventions of the Asserted Patents generally relate to compact optical lens
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`assemblies supporting image capture with smaller pixel sizes and increased resolution, resulting
`in high image quality. Compared to conventional lens assemblies, the lens assemblies of the
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`Asserted Patents have a reduced total track length, which results in a smaller size ideal for use in
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`high-end, portable consumer electronics such as smartphones and laptop computers. The unique
`and specific characteristics of the lens elements within the lens assemblies of the Asserted
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`Patents enable this desirable combination—high image quality from a small lens assembly.
`9.
`The inventions claimed in the Asserted Patents represent innovative advances in
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`the field of optical lens assemblies. The claims are directed to tangible, real-world products with
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`specific properties and characteristics. The claims are not directed to abstract ideas. Moreover,
`specific elements of the claims of the Asserted Patents individually and as an ordered
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`combination were not well-understood, routine, or conventional before the priority dates of the
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`patents. For example, the claimed inventions comprise lens elements having specific shapes,
`curvatures, and properties, which, alone or in the specific arrangement and combination, were
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`not well-understood, routine, or conventional.
`MOTOROLA’S INFRINGING PRODUCT
`10. Motorola sells a variety of mobile phone products in the United States and
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`throughout the world. Nearly all, if not all, of the mobile phone products Motorola sells in the
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 4 of 18
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`United States today have cameras and/or camera systems capable of capturing digital images
`and/or video.
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`11. Motorola has sold, offers for sale, and currently sells, for example, the Motorola
`One 5G Ace (“5G Ace”) in the United States and in this District. The 5G Ace has a camera
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`system or systems comprised of several lens assemblies, including lens assemblies for a rear-
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`facing main camera (“Main Lens”) and a rear-facing ultrawide camera (“Wide Lens”).
`12.
`On June 15, 2021, Largan contacted Lenovo Group via e-mail identifying the
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`patents and claims that the 5G Ace infringes, including the Asserted Patents.
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`On August 6, 2021, Largan sent another communication to Lenovo Group
`13.
`explaining that the 5G Ace infringes the ’767 patent, the ’499 patent, the ’487 patent, and
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`the ’397 patent because the camera lenses in the 5G Ace meet all elements of certain claims of
`those patents. Largan also provided Lenovo Group with claim charts detailing how the Main
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`Lens and the Wide Lens meet the elements of certain claims.
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`Though representatives from Lenovo Group have acknowledged receipt of
`14.
`Largan’s August 6, 2021 letter, Motorola has nevertheless continued to sell and offer for sale the
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`5G Ace in this District and throughout the United States.
`15.
`Lenovo Group has been on notice of infringement of the Asserted Patents since at
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`least June 15, 2021.
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`16. Motorola, through its parent Lenovo Group, was informed of the Asserted Patents
`prior to the filing of this lawsuit.
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`17.
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`Largan has satisfied the statutory requirement to mark its products in accordance
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`with 35 U.S.C. § 287.
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`JURISDICTION AND VENUE
`This action arises under the U.S. Patent Act, codified at 35 U.S.C. § 1 et seq., and
`18.
`in particular, but not limited to, 35 U.S.C. §§ 271, 281, 283, 284 and 285.
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`19.
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`This Court has original jurisdiction over the subject matter of this action under
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`28 U.S.C. §§ 1331 and 1338(a) because the claims arise under the patent laws of the United
`States.
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 5 of 18
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`This Court has personal jurisdiction over Motorola in this action because
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`Motorola has committed acts within this District giving rise to this action and has established
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`minimum contacts with this forum such that the exercise of jurisdiction over Motorola would not
`offend traditional notions of fair play and substantial justice. Motorola, directly and/or through
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`subsidiaries or intermediaries, has committed and continues to commit acts of infringement in
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`this District by, among other things, making, using, offering for sale, selling, and importing
`products that infringe the Asserted Patents, such as the 5G Ace.
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`21.
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`By knowingly putting at least the 5G Ace into the stream of commerce in this
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`District, Motorola has purposefully availed itself of the privileges of conducting business in the
`United States, California, and this District, and sought the protection and benefits from the laws
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`of the United States and California and thus has subjected itself to personal jurisdiction here.
`22.
`Venue is proper in this Court under 28 U.S.C. §§ 1391 and 1400(b). Motorola has
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`transacted business in this District and has committed acts of infringement in this District by,
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`among other things, making, using, offering to sell, selling, and/or importing products that
`infringe the Asserted Patents. On information and belief, Motorola is registered to do business in
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`California and maintains physical offices with employees in this District.
`23.
`On information and belief, Motorola has regular and established places of
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`business in this District. For example, Motorola maintains offices and/or employs employees at
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`3325 Scott Boulevard, Santa Clara, California 95054 and at 1000 Enterprise Way, Sunnyvale,
`California 94089 (https://www.motorola.com/us/about/contact). Motorola also advertises jobs,
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`including engineering jobs, in this District1 and has previously admitted and/or not challenged
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`that venue for patent infringement cases in this District is proper.2
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`1 See https://jobs.lenovo.com/en_US/careers/JobDetail/Android-Software-Engineer/19096 (last
`visited Nov. 15, 2021). Though this web page is at corporate parent Lenovo’s website, the
`Motorola logo is prominently displayed. In addition, under “Description and Requirements,” the
`web page states that “Motorola Mobility (a Lenovo Company) is one of the world’s fastest
`growing smartphone providers . . ..”
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`2 See, e.g., Semiconductor Energy Lab. Co. v. BOE Tech. Grp., Ltd., 3:20-cv-04297-EMC (N.D.
`Cal. filed June 29, 2020); Neodron Ltd. v. Lenovo Grp. Ltd., 3:19-cv-05644-SI (N.D. Cal. filed
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 6 of 18
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`FIRST CLAIM FOR RELIEF
`(Infringement of U.S. Patent No. 8,310,767)
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`Largan incorporates by reference the allegations contained in the foregoing
`
`24.
`paragraphs.
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`25.
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`The ’767 patent is entitled “Image Capturing Lens Assembly” and issued on
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`November 13, 2012. A copy of the ’767 patent is attached as Exhibit 1. Largan is the assignee of
`all rights, titles, and interests in and to the ’767 patent and holds the right to sue and recover for
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`past, present, and future infringement thereof. Motorola is not licensed to practice
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`the ’767 patent.
`26. Motorola is liable for infringement of the ’767 patent in violation of at least
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`35 U.S.C. § 271(a) by making, using, selling, offering for sale and/or importing into the United
`States products, such as the 5G Ace, that incorporate a lens assembly that infringes at least one
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`claim of the ’767 patent, e.g., claim 16.
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`Claim 16 of the ’767 patent recites: “An image capturing lens assembly
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`comprising, in order from an object side to an image side: a first lens element with positive
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`refractive power having a convex object-side surface; a second lens element with negative
`refractive power; a third lens element; a fourth lens element having at least one of an object-side
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`surface and an image-side surface thereof being aspheric; a fifth lens element with positive
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`refractive power having a convex image-side surface, and at least one of an object-side surface
`and the image-side surface thereof being aspheric; and a sixth lens element with negative
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`refractive power having a concave image-side surface, and at least one inflection point is formed
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`on at least one of an object-side surface and the image-side surface thereof; wherein a focal
`length of the fifth lens element is f5, a focal length of the sixth lens element is f6, a focal length
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`of the third lens element is f3, a focal length of the fourth lens element is f4, and they satisfy the
`following relation: (|f5|+|f6|)/(|f3|+|f4|)<0.4.”
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`Sept. 6, 2019); Mot. Transfer Venue at 4, Porto Tech. Co., Ltd. v. Motorola Mobility LLC,
`No. 4:16-cv-01427-JSW, ECF No. 18 (N.D. Cal. July 29, 2015).
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`28.
`29.
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`The Main Lens of the 5G Ace meets all elements of claim 16 of the ’767 patent.
`The Main Lens is “[a]n image capturing lens assembly” that comprises six lens
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`elements.
`30.
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`From the object side to the image side, the Main Lens has “a first lens element
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`with positive refractive power having a convex object-side surface.”
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`The Main Lens further has “a second lens element with a negative refractive
`31.
`power,” “a third lens element,” and “a fourth lens element having at least one of an object-side
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`surface and an image-side surface thereof being aspheric.”
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`The Main Lens further has “a fifth lens element with positive refractive power
`32.
`having a convex image-side surface, and at least one of an object-side surface and the image-side
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`surface thereof being aspheric.”
`33.
`The Main Lens further has “a sixth lens element with negative refractive power
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`having a concave image-side surface, and at least one inflection point is formed on at least one of
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`an object-side surface and the image-side surface thereof.”
`34.
`The Main Lens of the 5G Ace also satisfies the relation between properties within
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`the lens assembly. Specifically, in the Main Lens of the 5G Ace, “(|f5|+|f6|)/(|f3|+|f4|)<0.4.”
`35.
`Largan has been damaged by, and will continue to be damaged by, Motorola’s
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`infringement of the ’767 patent, and thus is entitled to recover damages from Motorola to
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`compensate for the infringement.
`36.
`Largan is entitled to damages adequate to compensate it for the infringement but
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`in no event less than a reasonable royalty.
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`37. Motorola’s infringement is deliberate and willful at least because Motorola has
`had notice of infringement of the ’767 patent since receiving Largan’s communications of June
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`15, 2021 and August 6, 2021.
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`SECOND CLAIM FOR RELIEF
`(Infringement of U.S. Patent No. 8,514,499)
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`Largan incorporates by reference the allegations contained in the foregoing
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`38.
`paragraphs.
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 8 of 18
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`The ’499 patent is entitled “Optical Image Capturing Lens Assembly” and issued
`39.
`on August 20, 2013. A copy of the ’499 patent is attached as Exhibit 2. Largan is the assignee of
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`all rights, titles, and interests in and to the ’499 patent and holds the right to sue and recover for
`past, present, and future infringement thereof. Motorola is not licensed to practice
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`the ’499 patent.
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`40. Motorola is liable for infringement of the ’499 patent in violation of at least
`35 U.S.C. § 271(a) by making, using, selling, offering for sale and/or importing into the United
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`States products, such as the 5G Ace, that incorporate a lens assembly that infringes at least one
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`claim of the ’499 patent, e.g., claim 15.
`41.
`Claim 15 of the ’499 patent recites: “An optical image capturing lens assembly
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`comprising, in order from an object side to an image side: a first lens element with positive
`refractive power having a convex object-side surface; a second lens element with negative
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`refractive power; a third lens element with refractive power; a fourth lens element with refractive
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`power; a fifth lens element with positive refractive power made of plastic material, wherein an
`object-side surface and an image-side surface of the fifth lens element are aspheric; and a sixth
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`lens element with negative refractive power made of plastic material and having a concave
`image-side surface, wherein an object-side surface and the image-side surface of the sixth lens
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`element are aspheric, and the sixth lens element has at least one inflection point formed on at
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`least one of the object-side surface and the image-side surface thereof; wherein the first through
`sixth lens elements are six independent and non-cemented lens elements, a focal length of the
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`optical image capturing lens assembly is f, are entrance pupil diameter of the optical image
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`capturing lens assembly is EPD, a distance perpendicular to the optical axis between a non-axial
`critical point on the image-side surface of the sixth lens element and the optical axis is Yc, and a
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`distance perpendicular to the optical axis between the maximum effective diameter position and
`the optical axis is Yd, the following relationships are satisfied: 1.5<f/EPD<2.5: and
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`0.2<Yc/Yd<0.9.”
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`42.
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`The Main Lens of the 5G Ace meets all elements of claim 15 of the ’499 patent.
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`The Main Lens is “[a]n optical image capturing lens assembly” that comprises six
`43.
`independent and non-cemented lens elements.
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`From the object side to the image side, the Main Lens has “a first lens element
`44.
`with positive refractive power having a convex object-side surface.”
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`45.
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`The Main Lens further has “a second lens element with negative refractive
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`power,” “a third lens element with refractive power,” and “a fourth lens element with refractive
`power.”
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`46.
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`The Main Lens further has “a fifth lens element with positive refractive power
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`made of plastic material, wherein an object-side surface and an image-side surface of the fifth
`lens element are aspheric.”
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`The Main Lens further has “a sixth lens element with negative refractive power
`47.
`made of plastic material and having a concave image-side surface, wherein an object-side surface
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`and the image-side surface of the sixth lens element are aspheric, and the sixth lens element has
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`at least one inflection point formed on at least one of the object-side surface and the image-side
`surface thereof.”
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`The Main Lens of the 5G Ace also satisfies the relation between properties within
`48.
`the lens assembly. Specifically, in the Main Lens of the 5G Ace, “1.5<f/EPD<2.5” and
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`“0.2<Yc/Yd<0.9.”
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`Largan has been damaged by, and will continue to be damaged by, Motorola’s
`49.
`infringement of the ’499 patent, and thus is entitled to recover damages from Motorola to
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`compensate for the infringement.
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`Largan is entitled to damages adequate to compensate it for the infringement but
`50.
`in no event less than a reasonable royalty.
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`51. Motorola’s infringement is deliberate and willful at least because Motorola has
`had notice of infringement of the ’499 patent since receiving Largan’s communications of June
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`15, 2021 and August 6, 2021.
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 10 of 18
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`THIRD CLAIM FOR RELIEF
`(Infringement of U.S. Patent No. 9,696,519)
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`Largan incorporates by reference the allegations contained in the foregoing
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`52.
`paragraphs.
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`53.
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`The ’519 patent is entitled “Imaging Optical Lens Assembly, Image Capturing
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`Apparatus and Electronic Device” and issued on July 4, 2017. A copy of the ’519 patent is
`attached as Exhibit 3. Largan is the assignee of all rights, titles, and interests in and to
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`the ’519 patent and holds the right to sue and recover for past, present, and future infringement
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`thereof. Motorola is not licensed to practice the ’519 patent.
`54. Motorola is liable for infringement of the ’519 patent in violation of at least
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`35 U.S.C. § 271(a) by making, using, selling, offering for sale and/or importing into the United
`States products, such as the 5G Ace, that incorporate a lens assembly that infringes at least one
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`claim of the ’519 patent, e.g., claim 1.
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`Claim 1 of the ’519 patent recites: “An imaging optical lens assembly,
`55.
`comprising, in order from an object side to an image side: a first lens element with negative
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`refractive power having an object-side surface being concave in a paraxial region thereof; a
`second lens element having positive refractive power; a third lens element having negative
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`refractive power; a fourth lens element having positive refractive power; and a fifth lens element
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`with negative refractive power having an image-side surface being concave in a paraxial region
`thereof, and at least one convex shape in an off-axial region on the image-side surface; wherein
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`the imaging optical lens assembly has a total of five lens elements; and wherein a curvature
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`radius of the object-side surface of the first lens element is R1, a curvature radius of an object-
`side surface of the second lens element is R3, a curvature radius of an image-side surface of the
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`second lens element is R4, a focal length of the imaging optical lens assembly is f, a focal length
`of the third lens element is f3, a focal length of the fifth lens element is f5, and the following
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`conditions are satisfied: |R4/R3|<1.0; f5/f3<1.0; -10.0<R1/f<0.”
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`56.
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`The Wide Lens of the 5G Ace meets all elements of claim 1 of the ’519 patent.
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 11 of 18
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`57.
`elements.
`
`The Wide Lens is “[a]n imaging optical lens assembly” that has a total of five lens
`
`From the object side to the image side, the Wide Lens has “a first lens element
`58.
`with negative refractive power having an object-side surface being concave in a paraxial region
`
`thereof; a second lens element having positive refractive power.”
`
`The Wide Lens further has “a second lens element having positive refractive
`59.
`power,” “a third lens element having negative refractive power,” and “a fourth lens element
`
`having positive refractive power.”
`
`The Wide Lens further has “a fifth lens element with negative refractive power
`60.
`having an image-side surface being concave in a paraxial region thereof, and at least one convex
`
`shape in an off-axial region on the image-side surface.”
`61.
`The Wide Lens of the 5G Ace also satisfies the relation between properties within
`
`the lens assembly. Specifically, in the Wide Lens of the 5G Ace, “|R4/R3|<1.0,” “f5/f3<1.0,” and
`
`“-10.0<R1/f<0.”
`62.
`Largan has been damaged by, and will continue to be damaged by, Motorola’s
`
`infringement of the ’519 patent, and thus is entitled to recover damages from Motorola to
`compensate for the infringement.
`
`63.
`
`Largan is entitled to damages adequate to compensate it for the infringement but
`
`in no event less than a reasonable royalty.
`64. Motorola’s infringement is deliberate and willful at least because Motorola has
`
`had notice of infringement of the ’519 patent since receiving Largan’s communication of June
`
`15, 2021.
`
`65.
`
`paragraphs.
`
`FOURTH CLAIM FOR RELIEF
`(Infringement of U.S. Patent No. 9,784,948)
`Largan incorporates by reference the allegations contained in the foregoing
`
`The ’948 patent is entitled “Imaging Lens System” and issued on October 10,
`66.
`2017. A copy of the ’948 patent is attached as Exhibit 4. Largan is the assignee of all rights,
`-11-
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`Case No. 5:21-cv-9138
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`COMPLAINT
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 12 of 18
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`titles, and interests in and to the ’948 patent and holds the right to sue and recover for past,
`present, and future infringement thereof. Motorola is not licensed to practice the ’948 patent.
`
`67. Motorola is liable for infringement of the ’948 patent in violation of at least
`35 U.S.C. § 271(a) by making, using, selling, offering for sale and/or importing into the United
`
`States products, such as the 5G Ace, that incorporate a lens assembly that infringes at least one
`
`claim of the ’948 patent, e.g., claim 1.
`68.
`Claim 1 of the ’948 patent recites: “An imaging lens system including, in order
`
`from an object side to an image side: a first lens element having a concave image-side surface; a
`
`second lens element; a third lens element with negative refractive power having a convex object-
`side surface and a concave image-side surface, the object-side and image-side surfaces thereof
`
`being aspheric; a fourth lens element with positive refractive power having a convex image-side
`surface; and a fifth lens element with negative refractive power having a convex object-side
`
`surface and a concave image-side surface, the object-side and image-side surfaces thereof being
`
`aspheric, each of the object-side and image-side surfaces thereof being provided with at least one
`inflection point; wherein there are a total of five lens elements in the imaging lens system, and a
`
`gap exists between every two adjacent lens elements along an optical axis of the imaging lens
`system.”
`
`69.
`
`The Wide Lens of the 5G Ace meets all elements of claim 1 of the ’948 patent.
`
`The Wide Lens is “[a]n imaging lens system” that has a total of five lens elements
`70.
`where a “gap exists between every two adjacent lens elements along an optical axis.”
`
`71.
`
`From the object side to the image side, the Wide Lens has “a first lens element
`
`having a concave image-side surface” and “a second lens element.”
`72.
`The Wide Lens further has “a third lens element with negative refractive power
`
`having a convex object-side surface and a concave image-side surface, the object-side and
`image-side surfaces thereof being aspheric.”
`
`73.
`
`The Wide Lens further has “a fourth lens element with positive refractive power
`
`having a convex image-side surface.”
`
`Case No. 5:21-cv-9138
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`COMPLAINT
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 13 of 18
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`The Wide Lens further has “a fifth lens element with negative refractive power
`74.
`having a convex object-side surface and a concave image-side surface, the object-side and
`
`image-side surfaces thereof being aspheric, each of the object-side and image-side surfaces
`thereof being provided with at least one inflection point.”
`
`75.
`
`Largan has been damaged by, and will continue to be damaged by, Motorola’s
`
`infringement of the ’948 patent, and thus is entitled to recover damages from Motorola to
`compensate for the infringement.
`
`76.
`
`Largan is entitled to damages adequate to compensate it for the infringement but
`
`in no event less than a reasonable royalty.
`77. Motorola’s infringement is deliberate and willful at least because Motorola has
`
`had notice of infringement of the ’948 patent since receiving Largan’s communication of June
`15, 2021.
`
`FIFTH CLAIM FOR RELIEF
`(Infringement of U.S. Patent No. 10,209,487)
`Largan incorporates by reference the allegations contained in the foregoing
`
`The ’487 patent is entitled “Optical Imaging System” and issued on February 19,
`
`78.
`
`paragraphs.
`79.
`
`2019. A copy of the ’487 patent is attached as Exhibit 5. Largan is the assignee of all rights,
`
`titles, and interests in and to the ’487 patent and holds the right to sue and recover for past,
`present, and future infringement thereof. Motorola is not licensed to practice the ’487 patent.
`
`80. Motorola is liable for infringement of the ’487 patent in violation of at least
`
`35 U.S.C. § 271(a) by making, using, selling, offering for sale and/or importing into the United
`States products, such as the 5G Ace, that incorporate a lens assembly that infringes at least one
`
`claim of the ’487 patent, e.g., claim 1.
`81.
`Claim 1 of the ’487 patent recites: “An optical imaging system comprising five
`
`lens elements, the five lens elements being, in order from an object side to an image side: a first
`
`lens element; a second lens element having positive refractive power; a third lens element having
`negative refractive power; a fourth lens element with positive refractive power having an object-
`-13-
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`Case No. 5:21-cv-9138
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`COMPLAINT
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 14 of 18
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`side surface being concave in a paraxial region thereof and an image-side surface being convex
`in a paraxial region thereof; and a fifth lens element with negative refractive power having an
`
`object-side surface being convex in a paraxial region thereof and an image-side surface being
`concave in a paraxial region thereof, wherein at least one of the object-side surface and the
`
`image-side surface of the fifth lens element is aspheric, and the image-side surface of the fifth
`
`lens element has at least one inflection point; wherein a central thickness of the first lens element
`is larger than an axial distance between the third lens element and the fourth lens element, an
`
`Abbe number of the first lens element is V1, an Abbe number of the third lens element is V3, a
`
`radius of curvature of the image-side surface of the fifth lens element is R10, a focal length of
`the optical imaging system is f, and the following conditions are satisfied: 29<V1−V3<45; and
`
`0.1<R10/f<0.5.”
`82.
`The Wide Lens of the 5G Ace meets all elements of claim 1 of the ’487 patent.
`
`83.
`
`The Wide Lens is “[a]n optical imaging system” with five lens elements.
`
`From the object side to the image side, the Wide Lens has “a first lens element,”
`84.
`“a second lens element having positive refractive power,” and “a third lens element having
`
`negative refractive power.”
`85.
`The Wide Lens further has “a fourth lens element with positive refractive power
`
`having an object-side surface being concave in a paraxial region thereof and an image-side
`
`surface being convex in a paraxial region thereof.”
`86.
`The Wide Lens further has “a fifth lens element with negative refractive power
`
`having an object-side surface being convex in a paraxial region thereof and an image-side
`
`surface being concave in a paraxial region thereof, wherein at least one of the object-side surface
`and the image-side surface of the fifth lens element is aspheric, and the image-side surface of the
`
`fifth lens element has at least one inflection point.”
`87.
`The Wide Lens of the 5G Ace also satisfies the relation between properties within
`
`the lens assembly. Specifically, in the Wide Lens of the 5G Ace, “a central thickness of the first
`
`lens element is larger than an axial distance between the third lens element and the fourth lens
`element,” “29<V1−V3<45,” and “0.1<R10/f<0.5.”
`-14-
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`Case No. 5:21-cv-9138
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`COMPLAINT
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`Case 3:21-cv-09138-JCS Document 1 Filed 11/24/21 Page 15 of 18
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`Largan has been damaged by, and will continue to be damaged by, Motorola’s
`88.
`infringement of the ’487 patent, and thus is entitled to recover damages from Motorola to
`
`compensate for the infringement.
`89.
`Largan is entitled to damages adequate to compensate it for the infringement but
`
`in no event less than a reasonable royalty.
`
`90. Motorola’s infringement is deliberate and willful at least because Motorola has
`had notice