`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`DIGIMEDIA TECH, LLC,
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`
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`
`
`Plaintiff,
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`
`
`v.
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` CIVIL ACTION
`
` NO.
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`
` Jury Trial Demanded
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`
`
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`
`
`LENOVO (UNITED STATES) INC., and
`MOTOROLA MOBILITY LLC,
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`
`
`
`
`
`
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`Defendants.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff DigiMedia Tech, LLC (“Plaintiff”) files this Complaint for Patent Infringement
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`against Defendant, and states as follows:
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`THE PARTIES
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`1.
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`Plaintiff is a limited liability company organized and existing under the laws of
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`the State of Georgia, having its principal office at 44 Milton Ave., Suite 254, Alpharetta, GA
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`30009.
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`2.
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`Defendant LENOVO (UNITED STATES), INC. (“Lenovo”) is a corporation
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`organized under the laws of the State of Delaware. Lenovo may be served with process through
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`its registered agent, Corporation Trust Company, Corporation Trust Center, 1209 Orange St.,
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`Wilmington, DE 19801. Upon information and belief, Lenovo sells, offers to sell, and/or uses
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`products and services throughout the United States, including in this judicial district, and
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`introduces infringing products and services into the stream of commerce knowing that they
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`would be sold and/or used in this judicial district and elsewhere in the United States.
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`3.
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`Defendant MOTOROLA MOBILITY LLC (“Motorola”) is a limited liability
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`company organized under the laws of the State of Delaware. Motorola may be served with
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`
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 2 of 11 PageID #: 2
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`process through its registered agent, Corporation Trust Company, Corporation Trust Center,
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`1209 Orange St., Wilmington, DE 19801. Upon information and belief, Motorola sells, offers to
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`sell, and/or uses products and services throughout the United States, including in this judicial
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`district, and introduces infringing products and services into the stream of commerce knowing
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`that they would be sold and/or used in this judicial district and elsewhere in the United States.
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`JURISDICTION AND VENUE
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`4.
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`This Court has exclusive subject matter jurisdiction over this case pursuant to 28
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`U.S.C. §§ 1331 and 1338(a) on the grounds that this action arises under the Patent Laws of the
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`United States, 35 U.S.C. § 1 et seq., including, without limitation, 35 U.S.C. §§ 271, 281, 284,
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`and 285.
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`5.
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`This Court has general and specific personal jurisdiction over Defendants,
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`consistent with due process, because Defendants are entities formed and existing under the laws
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`of the State of Delaware. Further, Defendants have minimum contacts with the State of
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`Delaware, and Defendants have purposefully availed themselves of the privileges of conducting
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`business in the State of Delaware, including through the sale and offer for sale of the Accused
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`Products throughout the State of Delaware and this judicial district.
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`6.
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`Venue is proper in this Court as to Defendants pursuant to 28 U.S.C. § 1400(b) on
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`the grounds that Defendants reside in this judicial district.
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`FACTUAL BACKGROUND
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`The ’532 Patent
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`7.
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`Plaintiff is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 6,473,532, entitled “Method and Apparatus for Visual Lossless Image
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`Syntactic Encoding” (“the ’532 patent”), including the right to sue for all past, present, and
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`future infringement, which assignment was duly recorded in the USPTO.
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`2
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 3 of 11 PageID #: 3
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`8.
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`A true and correct copy of the ’532 patent is attached hereto as Exhibit A. The
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`ʼ532 patent is incorporated herein by reference.
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`9.
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`10.
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`the USPTO.
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`11.
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`12.
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`The application that became the ’532 patent was filed on March 14, 2000.
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`The ’532 patent issued on October 29, 2002, after a full and fair examination by
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`The ’532 patent is valid and enforceable and directed to eligible subject matter.
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`The elements recited in the asserted claims of the ’532 patent were not well-
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`understood, routine, or conventional when the application that became the ʼ532 patent was filed.
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`13.
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`The claims of the ’532 patent are directed to technical solutions to the technical
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`problem of providing a visually lossless video compression method and apparatus. One of the
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`reasons this is important is for storing video in a compressed format, where the compression does
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`not reduce the quality of the video in a visually detectable manner. Since camera users prefer the
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`competing features of both high quality video and small or practical video file sizes, the problem
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`calls for technical solutions. The ‘532 patent discloses and claims such technical solutions. For
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`example, the ‘532 patent recognized that video encoding can compress the source video input in
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`a manner that is visually lossless. The ‘532 patent discloses a number of techniques which
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`include defining visual perception thresholds and classifying picture elements into subclasses
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`using the visual perception thresholds. The picture elements can be transformed according to the
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`subclass. Consequently, the technology in the ‘532 patent enables both visually lossless
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`encoding and efficient compression of recorded video.
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`
`The ’250 Patent
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`14.
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`Plaintiff is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 6,741,250 entitled “Method and System for Generation of Multiple Viewpoints
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`3
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 4 of 11 PageID #: 4
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`into a Scene Viewed by Motionless Cameras and for Presentation of a View Path” (“the ’250
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`patent”), including the right to sue for all past, present, and future infringement, which
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`assignment was duly recorded in the USPTO.
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`15.
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`A true and correct copy of the ’ 250 patent is attached hereto as Exhibit B. The
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`ʼ250 patent is incorporated herein by reference.
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`16.
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`17.
`
`USPTO.
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`18.
`
`19.
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`The application that became the ’ 250 patent was filed on October 17, 2001.
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`The ’250 patent issued on May 25, 2004, after a full and fair examination by the
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`The ’250 patent is valid and enforceable and directed to eligible subject matter.
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`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.
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`20.
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`The claims of the ’250 patent are directed to technical solutions to the technical
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`problem of using a single camera to provide a view path through one or more video segments to
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`determine which video frames in the video segments are used to generate a view. One of the
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`reasons this is important is that users of a camera with a wide field of view may prefer to select
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`and view only portions of the supported wide field of view. The camera’s field of view may be
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`sufficiently wide to create distorted images on a rectangular screen. Users may prefer portions
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`with reduced distortion, which calls for technical solutions. The ‘250 patent discloses and
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`claims such technical solutions. The camera can record a video stream over the wide field of
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`view. The user can designate a portion of the video stream to be a video segment and
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`subsequently designate a view path through the video segment. Consequently, the technology in
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`the ‘250 patent enables the view of portions of the camera’s wide field of view with reduced
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`distortion.
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`4
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 5 of 11 PageID #: 5
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`
`The ’818 Patent
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`21.
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`Plaintiff is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 6,744,818 entitled “Method and Apparatus for Visual Perception Encoding”
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`(“the ’818 patent”), including the right to sue for all past, present, and future infringement, which
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`assignment was duly recorded in the USPTO.
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`22.
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`A true and correct copy of the ’818 patent is attached hereto as Exhibit C. The
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`ʼ818 patent is incorporated herein by reference.
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`23.
`
`24.
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`USPTO.
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`25.
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`26.
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`The application that became the ’818 patent was filed on December 27, 2000.
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`The ’818 patent issued on June 1, 2004, after a full and fair examination by the
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`The ’818 patent is valid and enforceable and directed to eligible subject matter.
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`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.
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`The claims of the ’818 patent are directed to technical solutions to the technical
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`problem of reducing perceptual redundancy independent of other video compression techniques.
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`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
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`estimator using the perception threshold and (ii) a filter for pixels using the compression
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`5
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 6 of 11 PageID #: 6
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`dependent threshold. Consequently, the technology in the ‘818 patent enables smaller video file
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`sizes for a specified level of video quality.
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`
`The ’220 Patent
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`28.
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`Plaintiff is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 6,684,220 entitled “Method and System for Automatic Information Exchange”
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`(“the ’220 patent”), including the right to sue for all past, present, and future infringement, which
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`assignment was duly recorded in the USPTO.
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`29.
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`A true and correct copy of the ’220 patent is attached hereto as Exhibit D. The
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`’220 patent is incorporated herein by reference.
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`30.
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`31.
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`the USPTO.
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`32.
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`33.
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`The application that became the ’220 patent was filed on September 20, 2000.
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`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.
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`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.
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`34.
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`The claims the ’220 patent are directed to technical solutions to the technical
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`problem of a server system conducting automated information. One of the reasons this is
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`important is to support automated and accurate server generated responses to customer inquiries
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`in online chat systems. With accurate and automated information exchange, routine customer
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`inquiries can be answered directly by a server system. The ’220 patent discloses and claims such
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`technical solutions for automated information exchange. For example, the ’220 patent couples
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`an information source to a processor that stores a data model. The ’220 patent discloses a
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`loading engine for automatically creating object links between input variables and output
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`6
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 7 of 11 PageID #: 7
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`variables for the data objects in the data model. Consequently, the technology in the ’220 patent
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`enables automated and accurate online responses from a server system to customer support
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`inquiries without requiring answers from customer support representatives.
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`
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`COUNT I – INFRINGEMENT OF THE ʼ532 PATENT
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`35.
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`Plaintiff realleges and incorporates by reference the allegations set forth above, as
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`if set forth verbatim herein.
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`36.
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`Defendants have been and are now making, using, selling, offering for sale,
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`and/or importing products that incorporate one or more of the inventions claimed in the ’532
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`patent.
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`37.
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`For example, Defendants infringe at least claim 6 of the ʼ532 patent, either
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`literally or under the doctrine of equivalents, in connection with Defendants’ MotoG7 Power
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`smartphone with video recording products, as detailed in the preliminary claim charts attached
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`hereto as Exhibit E and incorporated herein by reference.
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`38.
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`Defendants’ infringing activities are and have been without authority or license
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`under the ʼ532 patent.
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`39.
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`Plaintiff has been damaged by Defendants’ infringement of the ʼ532 patent, and
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`Plaintiff is entitled to recover damages for Defendants’ infringement, which damages cannot be
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`less than a reasonable royalty.
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`
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`COUNT II – INFRINGEMENT OF THE ʼ250 PATENT
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`40.
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` Plaintiff realleges and incorporates by reference the allegations set forth above,
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`as if set forth verbatim herein.
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`7
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 8 of 11 PageID #: 8
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`41.
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`Defendant Lenovo has been and is now making, using, selling, offering for sale,
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`and/or importing products that incorporate one or more of the inventions claimed in the ’250
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`patent.
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`42.
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`For example, Defendant Lenovo infringes at least claim 1of the ʼ250 patent, either
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`literally or under the doctrine of equivalents, in connection with Lenovo’s VOIP 360 Camera
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`Speaker products, as detailed in the preliminary claim charts attached hereto as Exhibit F and
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`incorporated herein by reference.
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`43.
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`Defendant Lenovo’s infringing activities are and have been without authority or
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`license under the ʼ250 patent.
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`44.
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`Plaintiff has been, and continues to be, damaged by Lenovo’s infringement of the
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`ʼ250 patent, and Plaintiff is entitled to recover damages for Lenovo’s infringement, which
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`damages cannot be less than a reasonable royalty.
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`COUNT III – INFRINGEMENT OF THE ʼ818 PATENT
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`45.
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`Plaintiff realleges and incorporates by reference the allegations set forth above, as
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`if set forth verbatim herein.
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`46.
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`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.
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`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
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`Smartphones with H.264/AVC products, as detailed in the preliminary claim charts attached
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`hereto as Exhibit G and incorporated herein by reference.
`
`48.
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`Defendants’ infringing activities are and have been without authority or license
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`under the ʼ818 patent.
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`8
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 9 of 11 PageID #: 9
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`49.
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`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
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`damages cannot be less than a reasonable royalty.
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`
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`COUNT IV – INFRINGEMENT OF THE ʼ220 PATENT
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`50.
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`Plaintiff realleges and incorporates by reference the allegations set forth above, as
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`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.
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`52.
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`For example, Defendant Lenovo infringes at least claim 1 of the ’220 patent,
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`either literally or under the doctrine of equivalents, in connection with Lenovo’s Customer
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`Relationship Management (CRM) platform, as detailed in the preliminary claim charts attached
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`hereto as Exhibit H and incorporated herein by reference.
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`53.
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`Defendant Lenovo’s infringing activities are and have been without authority or
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`license under the ’220 patent.
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`54.
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`Plaintiff has been, and continues to be, damaged by Defendant Lenovo’s
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`infringement of the ’220 patent, and Plaintiff is entitled to recover damages for Defendant
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`Lenovo’s infringement, which damages cannot be less than a reasonable royalty.
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`
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`JURY DEMAND
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`Plaintiff demands a trial by jury of all issues so triable.
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`PRAYER FOR RELIEF
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`Plaintiff respectfully requests that the Court find in its favor and against Defendant, and
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`that the Court grant Plaintiff the following relief:
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`9
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 10 of 11 PageID #: 10
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`A.
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`Entry of judgment that Defendant has infringed one or more claims of the ʼ532
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`patent,
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`B.
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`Entry of judgment that Defendant has infringed one or more claims of the ʼ250
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`patent,
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`C.
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`Entry of judgment that Defendant has infringed one or more claims of the ʼ818
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`patent,
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`D.
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`Entry of judgment that Defendant has infringed one or more claims of the ʼ220
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`patent,
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`E.
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`Damages in an amount to be determined at trial for Defendant’s infringement,
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`which amount cannot be less than a reasonable royalty,
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`Pre-judgment and post-judgment interest on the damages assessed, and
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`Such other and further relief, both at law and in equity, to which Plaintiff may be
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`F.
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`G.
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`entitled and which the Court deems just and proper.
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`This 18th day of February, 2020.
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`
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`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
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`10
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`Case 1:21-cv-00227-UNA Document 1 Filed 02/18/21 Page 11 of 11 PageID #: 11
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`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
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`11
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