throbber
Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 1 of 11 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`DIGIMEDIA TECH, LLC,
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
` CIVIL ACTION
`
` NO.
`
`
` Jury Trial Demanded
`
`
`
`
`
`
`
`LENOVO (UNITED STATES) INC., and
`MOTOROLA MOBILITY LLC,
`
`
`
`
`
`
`
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff DigiMedia Tech, LLC (“Plaintiff”) files this Complaint for Patent Infringement
`
`against Defendant, and states as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff is a limited liability company organized and existing under the laws of
`
`the State of Georgia, having its principal office at 44 Milton Ave., Suite 254, Alpharetta, GA
`
`30009.
`
`2.
`
`Defendant LENOVO (UNITED STATES), INC. (“Lenovo”) is a corporation
`
`organized under the laws of the State of Delaware. Lenovo may be served with process through
`
`its registered agent, Corporation Trust Company, Corporation Trust Center, 1209 Orange St.,
`
`Wilmington, DE 19801. Upon information and belief, Lenovo sells, offers to sell, and/or uses
`
`products and services throughout the United States, including in this judicial district, and
`
`introduces infringing products and services into the stream of commerce knowing that they
`
`would be sold and/or used in this judicial district and elsewhere in the United States.
`
`3.
`
`Defendant MOTOROLA MOBILITY LLC (“Motorola”) is a limited liability
`
`company organized under the laws of the State of Delaware. Motorola may be served with
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 2 of 11 PageID #: 2
`
`process through its registered agent, Corporation Trust Company, Corporation Trust Center,
`
`1209 Orange St., Wilmington, DE 19801. Upon information and belief, Motorola sells, offers to
`
`sell, and/or uses products and services throughout the United States, including in this judicial
`
`district, and introduces infringing products and services into the stream of commerce knowing
`
`that they would be sold and/or used in this judicial district and elsewhere in the United States.
`
`JURISDICTION AND VENUE
`
`4.
`
`This Court has exclusive subject matter jurisdiction over this case pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a) on the grounds that this action arises under the Patent Laws of the
`
`United States, 35 U.S.C. § 1 et seq., including, without limitation, 35 U.S.C. §§ 271, 281, 284,
`
`and 285.
`
`5.
`
`This Court has general and specific personal jurisdiction over Defendants,
`
`consistent with due process, because Defendants are entities formed and existing under the laws
`
`of the State of Delaware. Further, Defendants have minimum contacts with the State of
`
`Delaware, and Defendants have purposefully availed themselves of the privileges of conducting
`
`business in the State of Delaware, including through the sale and offer for sale of the Accused
`
`Products throughout the State of Delaware and this judicial district.
`
`6.
`
`Venue is proper in this Court as to Defendants pursuant to 28 U.S.C. § 1400(b) on
`
`the grounds that Defendants reside in this judicial district.
`
`FACTUAL BACKGROUND
`
`The ’532 Patent
`
`7.
`
`Plaintiff is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 6,473,532, entitled “Method and Apparatus for Visual Lossless Image
`
`Syntactic Encoding” (“the ’532 patent”), including the right to sue for all past, present, and
`
`future infringement, which assignment was duly recorded in the USPTO.
`
`2
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 3 of 11 PageID #: 3
`
`8.
`
`A true and correct copy of the ’532 patent is attached hereto as Exhibit A. The
`
`ʼ532 patent is incorporated herein by reference.
`
`9.
`
`10.
`
`the USPTO.
`
`11.
`
`12.
`
`The application that became the ’532 patent was filed on March 14, 2000.
`
`The ’532 patent issued on October 29, 2002, after a full and fair examination by
`
`The ’532 patent is valid and enforceable and directed to eligible subject matter.
`
`The elements recited in the asserted claims of the ’532 patent were not well-
`
`understood, routine, or conventional when the application that became the ʼ532 patent was filed.
`
`13.
`
`The claims of the ’532 patent are directed to technical solutions to the technical
`
`problem of providing a visually lossless video compression method and apparatus. One of the
`
`reasons this is important is for storing video in a compressed format, where the compression does
`
`not reduce the quality of the video in a visually detectable manner. Since camera users prefer the
`
`competing features of both high quality video and small or practical video file sizes, the problem
`
`calls for technical solutions. The ‘532 patent discloses and claims such technical solutions. For
`
`example, the ‘532 patent recognized that video encoding can compress the source video input in
`
`a manner that is visually lossless. The ‘532 patent discloses a number of techniques which
`
`include defining visual perception thresholds and classifying picture elements into subclasses
`
`using the visual perception thresholds. The picture elements can be transformed according to the
`
`subclass. Consequently, the technology in the ‘532 patent enables both visually lossless
`
`encoding and efficient compression of recorded video.
`
`
`The ’250 Patent
`
`14.
`
`Plaintiff is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 6,741,250 entitled “Method and System for Generation of Multiple Viewpoints
`
`3
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 4 of 11 PageID #: 4
`
`into a Scene Viewed by Motionless Cameras and for Presentation of a View Path” (“the ’250
`
`patent”), including the right to sue for all past, present, and future infringement, which
`
`assignment was duly recorded in the USPTO.
`
`15.
`
`A true and correct copy of the ’ 250 patent is attached hereto as Exhibit B. The
`
`ʼ250 patent is incorporated herein by reference.
`
`16.
`
`17.
`
`USPTO.
`
`18.
`
`19.
`
`The application that became the ’ 250 patent was filed on October 17, 2001.
`
`The ’250 patent issued on May 25, 2004, after a full and fair examination by the
`
`The ’250 patent is valid and enforceable and directed to eligible subject matter.
`
`The elements recited in the asserted claims of the ’250 patent were not well-
`
`understood, routine, or conventional when the application that became the ʼ250 patent was filed.
`
`20.
`
`The claims of the ’250 patent are directed to technical solutions to the technical
`
`problem of using a single camera to provide a view path through one or more video segments to
`
`determine which video frames in the video segments are used to generate a view. One of the
`
`reasons this is important is that users of a camera with a wide field of view may prefer to select
`
`and view only portions of the supported wide field of view. The camera’s field of view may be
`
`sufficiently wide to create distorted images on a rectangular screen. Users may prefer portions
`
`with reduced distortion, which calls for technical solutions. The ‘250 patent discloses and
`
`claims such technical solutions. The camera can record a video stream over the wide field of
`
`view. The user can designate a portion of the video stream to be a video segment and
`
`subsequently designate a view path through the video segment. Consequently, the technology in
`
`the ‘250 patent enables the view of portions of the camera’s wide field of view with reduced
`
`distortion.
`
`4
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 5 of 11 PageID #: 5
`
`
`The ’818 Patent
`
`21.
`
`Plaintiff is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 6,744,818 entitled “Method and Apparatus for Visual Perception Encoding”
`
`(“the ’818 patent”), including the right to sue for all past, present, and future infringement, which
`
`assignment was duly recorded in the USPTO.
`
`22.
`
`A true and correct copy of the ’818 patent is attached hereto as Exhibit C. The
`
`ʼ818 patent is incorporated herein by reference.
`
`23.
`
`24.
`
`USPTO.
`
`25.
`
`26.
`
`The application that became the ’818 patent was filed on December 27, 2000.
`
`The ’818 patent issued on June 1, 2004, after a full and fair examination by the
`
`The ’818 patent is valid and enforceable and directed to eligible subject matter.
`
`The elements recited in the asserted claims of the ’818 patent were not well-
`
`understood, routine, or conventional when the application that became the ʼ818 patent was filed.
`
`27.
`
`The claims of the ’818 patent are directed to technical solutions to the technical
`
`problem of reducing perceptual redundancy independent of other video compression techniques.
`
`One of the reasons this is important is for storing video in a compressed format, where the
`
`compression should also support subsequent viewing of the video at high quality. Since camera
`
`users prefer the competing features of both high quality video and small or practical video file
`
`sizes, the problem calls for technical solutions. The ‘818 patent discloses and claims such
`
`technical solutions. For example, the ‘818 patent recognized that video encoding can compress
`
`the source video input with a visual perception estimator and a perception threshold. The ‘818
`
`patent discloses a number of techniques which include (i) a compression dependent threshold
`
`estimator using the perception threshold and (ii) a filter for pixels using the compression
`
`5
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 6 of 11 PageID #: 6
`
`dependent threshold. Consequently, the technology in the ‘818 patent enables smaller video file
`
`sizes for a specified level of video quality.
`
`
`The ’220 Patent
`
`28.
`
`Plaintiff is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 6,684,220 entitled “Method and System for Automatic Information Exchange”
`
`(“the ’220 patent”), including the right to sue for all past, present, and future infringement, which
`
`assignment was duly recorded in the USPTO.
`
`29.
`
`A true and correct copy of the ’220 patent is attached hereto as Exhibit D. The
`
`’220 patent is incorporated herein by reference.
`
`30.
`
`31.
`
`the USPTO.
`
`32.
`
`33.
`
`The application that became the ’220 patent was filed on September 20, 2000.
`
`The ’220 patent issued on January 27, 2004, after a full and fair examination by
`
`The ’220 patent is valid and enforceable and directed to eligible subject matter.
`
`The elements recited in the asserted claims of the ’220 patent were not well-
`
`understood, routine, or conventional when the application that became the ’220 patent was filed.
`
`34.
`
`The claims the ’220 patent are directed to technical solutions to the technical
`
`problem of a server system conducting automated information. One of the reasons this is
`
`important is to support automated and accurate server generated responses to customer inquiries
`
`in online chat systems. With accurate and automated information exchange, routine customer
`
`inquiries can be answered directly by a server system. The ’220 patent discloses and claims such
`
`technical solutions for automated information exchange. For example, the ’220 patent couples
`
`an information source to a processor that stores a data model. The ’220 patent discloses a
`
`loading engine for automatically creating object links between input variables and output
`
`6
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 7 of 11 PageID #: 7
`
`variables for the data objects in the data model. Consequently, the technology in the ’220 patent
`
`enables automated and accurate online responses from a server system to customer support
`
`inquiries without requiring answers from customer support representatives.
`
`
`
`COUNT I – INFRINGEMENT OF THE ʼ532 PATENT
`
`35.
`
`Plaintiff realleges and incorporates by reference the allegations set forth above, as
`
`if set forth verbatim herein.
`
`36.
`
`Defendants have been and are now making, using, selling, offering for sale,
`
`and/or importing products that incorporate one or more of the inventions claimed in the ’532
`
`patent.
`
`37.
`
`For example, Defendants infringe at least claim 6 of the ʼ532 patent, either
`
`literally or under the doctrine of equivalents, in connection with Defendants’ MotoG7 Power
`
`smartphone with video recording products, as detailed in the preliminary claim charts attached
`
`hereto as Exhibit E and incorporated herein by reference.
`
`38.
`
`Defendants’ infringing activities are and have been without authority or license
`
`under the ʼ532 patent.
`
`39.
`
`Plaintiff has been damaged by Defendants’ infringement of the ʼ532 patent, and
`
`Plaintiff is entitled to recover damages for Defendants’ infringement, which damages cannot be
`
`less than a reasonable royalty.
`
`
`
`COUNT II – INFRINGEMENT OF THE ʼ250 PATENT
`
`40.
`
` Plaintiff realleges and incorporates by reference the allegations set forth above,
`
`as if set forth verbatim herein.
`
`7
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 8 of 11 PageID #: 8
`
`41.
`
`Defendant Lenovo has been and is now making, using, selling, offering for sale,
`
`and/or importing products that incorporate one or more of the inventions claimed in the ’250
`
`patent.
`
`42.
`
`For example, Defendant Lenovo infringes at least claim 1of the ʼ250 patent, either
`
`literally or under the doctrine of equivalents, in connection with Lenovo’s VOIP 360 Camera
`
`Speaker products, as detailed in the preliminary claim charts attached hereto as Exhibit F and
`
`incorporated herein by reference.
`
`43.
`
`Defendant Lenovo’s infringing activities are and have been without authority or
`
`license under the ʼ250 patent.
`
`44.
`
`Plaintiff has been, and continues to be, damaged by Lenovo’s infringement of the
`
`ʼ250 patent, and Plaintiff is entitled to recover damages for Lenovo’s infringement, which
`
`damages cannot be less than a reasonable royalty.
`
`COUNT III – INFRINGEMENT OF THE ʼ818 PATENT
`
`45.
`
`Plaintiff realleges and incorporates by reference the allegations set forth above, as
`
`if set forth verbatim herein.
`
`46.
`
`Defendants have been and are now making, using, selling, offering for sale,
`
`and/or importing products that incorporate one or more of the inventions claimed in the ’818
`
`patent.
`
`47.
`
`For example, Defendants infringe at least claim 1 of the ʼ818 patent, either
`
`literally or under the doctrine of equivalents, in connection with Defendants’ Moto G7
`
`Smartphones with H.264/AVC products, as detailed in the preliminary claim charts attached
`
`hereto as Exhibit G and incorporated herein by reference.
`
`48.
`
`Defendants’ infringing activities are and have been without authority or license
`
`under the ʼ818 patent.
`
`8
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 9 of 11 PageID #: 9
`
`49.
`
`Plaintiff has been, and continues to be, damaged by Defendants’ infringement of
`
`the ʼ818 patent, and Plaintiff is entitled to recover damages for Defendants’ infringement, which
`
`damages cannot be less than a reasonable royalty.
`
`
`
`COUNT IV – INFRINGEMENT OF THE ʼ220 PATENT
`
`50.
`
`Plaintiff realleges and incorporates by reference the allegations set forth above, as
`
`if set forth verbatim herein.
`
`51.
`
`Defendant Lenovo has been and is now making, using, selling, offering for sale,
`
`and/or importing products that incorporate one or more of the inventions claimed in the ’220
`
`patent.
`
`52.
`
`For example, Defendant Lenovo infringes at least claim 1 of the ’220 patent,
`
`either literally or under the doctrine of equivalents, in connection with Lenovo’s Customer
`
`Relationship Management (CRM) platform, as detailed in the preliminary claim charts attached
`
`hereto as Exhibit H and incorporated herein by reference.
`
`53.
`
`Defendant Lenovo’s infringing activities are and have been without authority or
`
`license under the ’220 patent.
`
`54.
`
`Plaintiff has been, and continues to be, damaged by Defendant Lenovo’s
`
`infringement of the ’220 patent, and Plaintiff is entitled to recover damages for Defendant
`
`Lenovo’s infringement, which damages cannot be less than a reasonable royalty.
`
`
`
`
`
`JURY DEMAND
`
`Plaintiff demands a trial by jury of all issues so triable.
`
`PRAYER FOR RELIEF
`
`Plaintiff respectfully requests that the Court find in its favor and against Defendant, and
`
`that the Court grant Plaintiff the following relief:
`
`9
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 10 of 11 PageID #: 10
`
`A.
`
`Entry of judgment that Defendant has infringed one or more claims of the ʼ532
`
`patent,
`
`B.
`
`Entry of judgment that Defendant has infringed one or more claims of the ʼ250
`
`patent,
`
`C.
`
`Entry of judgment that Defendant has infringed one or more claims of the ʼ818
`
`patent,
`
`D.
`
`Entry of judgment that Defendant has infringed one or more claims of the ʼ220
`
`patent,
`
`E.
`
`Damages in an amount to be determined at trial for Defendant’s infringement,
`
`which amount cannot be less than a reasonable royalty,
`
`Pre-judgment and post-judgment interest on the damages assessed, and
`
`Such other and further relief, both at law and in equity, to which Plaintiff may be
`
`F.
`
`G.
`
`entitled and which the Court deems just and proper.
`
`This 18th day of February, 2020.
`
`
`
`
`
`STAMOULIS & WEINBLATT LLC
`
`
`
`
`
`Stamatios Stamoulis (#4606)
`Richard C. Weinblatt (#5080)
`800 N West Street, Third Floor
`Wilmington, DE 19801
`Telephone: (302) 999-1540
`Facsimile: (302) 762-1688
`weinblatt@swdelaw.com
`
`Of Counsel:
`
`Daniel A. Kent
`dankent@kentrisley.com
`Tel: (404) 585-4214
`Fax: (404) 829-2412
`
`10
`
`

`

`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 11 of 11 PageID #: 11
`
`Stephen R. Risley
`steverisley@kentrisley.com
`Tel: (404) 585-2101
`Fax: (404) 389-9402
`Cortney S. Alexander
`cortneyalexander@kentrisley.com
`Tel: (404) 855-3867
`Fax: (770) 462-3299
`KENT & RISLEY LLC
`5755 N Point Pkwy Ste 57
`Alpharetta, GA 30022
`
`Attorneys for Plaintiff
`DigiMedia Tech, LLC
`
`
`
`11
`
`

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