`
`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`ORLANDO DIVISION
`
`D3D TECHNOLOGIES, INC.,
`
`Case No.: 6:20-cv-1699
`
`Plaintiff,
`
`v.
`
`COMPLAINT AND DEMAND FOR JURY
`TRIAL
`
`MICROSOFT CORPORATION,
`
`(INJUNCTIVE RELIEF SOUGHT)
`
`Defendant.
`
`Plaintiff D3D Technologies, Inc. (“D3D”), by and through undersigned counsel, brings
`
`this suit against Defendant Microsoft Corporation (“Microsoft” or “Defendant”) and, pursuant
`
`to Rule 8 of the Federal Rules of Civil Procedure, alleges as follows:
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`PARTIES
`
`1.
`
`Plaintiff D3D Technologies, Inc., is a Florida Profit Corporation with its
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`principal place of business located at 1700 Jake Street, Unit 211, Orlando, FL 32814. D3D’s
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`corporate headquarters is located in Orlando, and it employs numerous engineers, software
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`developers and scientists in Orlando who perform research and product development tasks for
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`D3D’s 3D imaging technologies, under the guidance and direction of Dr. David Douglas,
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`Medical Advisor at D3D, and Dr. Robert Douglas, Chief Technology Officer at D3D. Dr. David
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`Douglas and Dr. Robert Douglas are residents of Florida and are the inventors of the D3D
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`patents at issue. D3D has strong and continuous ties to the Orlando area, having been engaged
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`in research, product development and business activities in the Orlando area for over 10 years.
`
`2.
`
`Microsoft Corporation is a Washington Corporation with its principal place of
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`business located at One Microsoft Way, Redmond, Washington 98052. Microsoft is a publicly
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`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 2 of 74 PageID 2
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`traded company, with offices and locations all over the world – including within the State of
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`Florida. Within this judicial district Microsoft has a corporate sales office located at 5426 Bay
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`Center Drive, Suite 700, Tampa, FL 33609 and multiple retail stores located at:
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`a. 4200 Conroy Road, Suite 220, Orlando, FL 32839;
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`b. 8001 South Orange Blossom Trail, Suite 1120B, Orlando, FL, 32809;
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`c. 140 University Town Center Drive, Sarasota, Florida 34243; and
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`d. 2223 North West Shore Boulevard, Tampa, FL 33607.
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`Further, Microsoft is registered to conduct business in Florida (Florida Taxpayer ID 91-
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`1144442) and may be served via its registered agent Corporation Service Company located at
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`1201 Hays Street, Tallahassee, FL 32301.
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`JURISDICTION AND VENUE
`
`3.
`
`This is a civil action for patent infringement arising under the Patent Laws of
`
`the United States as set forth in 35 U.S.C. §§ 271, et seq.
`
`4.
`
`This Court has federal subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
`
`and 1338(a) and pendent jurisdiction over the other claims for relief asserted herein.
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`5.
`
`This Court has personal jurisdiction because Defendant has minimum contacts
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`with this forum as a result of business regularly conducted within the State of Florida and
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`within this judicial district, and, specifically as a result of, at least, committing the tort of patent
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`infringement within Florida and this judicial district. Personal jurisdiction also exists because
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`Defendant, inter alia:
`
`a. engages in substantial and not isolated interstate activity in Florida;
`
`
`
`2
`
`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 3 of 74 PageID 3
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`b. has substantial, continuous, and systematic business contacts in this judicial
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`district;
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`c. owns, manages, and operates facilities within this judicial district (e.g., the
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`corporate sales office in Tampa and four retail stores across Orlando, Sarasota,
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`and Tampa as described in Paragraph 2);
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`d. actively advertises to residents within this judicial district to purchase infringing
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`products;
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`e. actively advertises to residents of this judicial district to work for Microsoft;
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`f. employs residents from this judicial district;
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`g. operates, conducts, and engages in business within the State of Florida;
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`h. continues to conduct such business in Florida through the continued operation
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`within this judicial district;
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`i. operates Internet websites, e.g., https://www.microsoft.com/en-us/ (last visited
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`Sept. 16, 2020), and https://www.microsoft.com/en-us/hololens (last visited
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`Sept. 16, 2020), which are available to and accessed by customers and potential
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`customers of the Defendant within this judicial district, and advertises and
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`makes available for purchase within this judicial district Defendant’s infringing
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`products:
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`j. attends numerous annual conferences held within this judicial district, e.g., the
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`annual Interservice/Industry Training, Simulation and Education Conference
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`(I/ITSEC) which was held in Orlando, Florida for at least the last 5 years; and
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`
`
`3
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`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 4 of 74 PageID 4
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`k. hosts annual conferences within this judicial district, e.g., Microsoft’ Ignite
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`Conference which has been held in Orlando, Florida for at least the last 3 years.
`
`See
`
`Microsoft
`
`Ignite
`
`2019,
`
`Microsoft,
`
`<https://news.microsoft.com/ignite2019/> (last visited Sept. 16, 2020).
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`Accordingly, this Court’s jurisdiction over the Defendant comports with Florida’s long-
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`arm statute and the constitutional standards of fair play and substantial justice and arises
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`directly from the Defendant’s purposeful minimum contacts with the State of Florida.
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`6.
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`This Court also has personal jurisdiction over the Defendant because it has
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`purposefully and voluntarily availed itself of the privilege of conducting business in the United
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`States, the State of Florida, and, specifically, this judicial district by continuously and
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`systematically placing goods and services into the stream of commerce through an established
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`distribution channel with the expectation that such goods and services will be purchased by
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`consumers within the United States, Florida, and this judicial district. Defendant, either directly
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`and/or through intermediaries, uses, sells, offers to sell, distributes, advertises, and/or
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`otherwise promotes the accused products in this judicial district.
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`7.
`
`Microsoft has partnered with at least 141 other companies with respect to its
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`infringing HoloLens product, many of which are located or otherwise have locations within
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`the State of Florida and, specifically, this judicial district, see HoloLens 2, Find a Partner,
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`Microsoft, https://www.microsoft.com/en-us/hololens/partners (last visited Sept. 16, 2020),
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`and are available to and accessed by customers and potential customers of the Defendant within
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`this judicial district. On information and belief, Microsoft’s products are sold to and used by
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`the following third-party partners, inter alia:
`
`
`
`4
`
`
`
`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 5 of 74 PageID 5
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`a. Booz Allen Hamilton located at 4890 West Kennedy Blvd., Suite 475, Tampa,
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`Florida 33609.
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`b. CAE Healthcare located at 6300 Edgelake Drive, Sarasota, Florida 34240.
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`c. General Electric with locations at 501 E. Kennedy Blvd., Suite 600, Tampa, FL
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`33602 and 7802 Woodland Center Blvd., Tampa, FL 33614.
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`d. Insight with locations at 100 Rialto Pl., Suite 615, Melbourne, FL 32901, 2701
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`N. Rocky Point Dr., Suite 300, Tampa, FL 33607, and 302 Knights Run Ave.,
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`Suite 1175, Tampa, FL 33602.
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`Further, Microsoft is continually advertising and recruiting new HoloLens partners, such as
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`independent software vendors, system integrators, and digital agencies, both in and out of this
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`judicial district. See Mixed Reality Partners, Microsoft, https://www.microsoft.com/en-
`
`us/hololens/mixed-reality-partners (last visited Sept. 16, 2020) (describing benefits of
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`partnership); Mixed Reality Partner Program, Microsoft, https://www.microsoft.com/en-
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`us/hololens/mrpp (last visited Sept. 16, 2020) (describing requirements and application for
`
`partnership).
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`8.
`
`Venue is proper in this Court under 28 U.S.C. §§ 1391(b), (c), (d) and 28 U.S.C.
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`§ 1400(b) because Defendant has committed or induced acts of infringement, and/or advertise,
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`market, sell, and/or offer to sell products, including infringing products, in this judicial district,
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`as discussed, supra, in Paragraphs 2 and 5-7 which are incorporated by reference herein. As
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`stated, supra, Microsoft has significant ties to, and presence in, the State of Florida and the
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`Middle District of Florida, making venue in this judicial district both proper and convenient
`
`
`
`5
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`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 6 of 74 PageID 6
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`for this action. As stated in Paragraph 1, D3D’s principal place of business is located within
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`this district.
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`THE PATENTS-IN-SUIT
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`9.
`
`On February 26, 2013, United States Patent No. 8,384,771 (“the ‘771 patent”),
`
`entitled “Method and Apparatus for Three Dimensional Viewing of Images,” was duly and
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`legally issued by the United States Patent and Trademark Office (“USPTO”) to David Bryon
`
`Douglas, with D3D Technologies, Inc. as the ultimate assignee. A copy of the ‘771 patent is
`
`attached hereto as Exhibit 1.
`
`10.
`
`On May 24, 2016, United States Patent No. 9,349,183 (“the ‘183 patent”),
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`entitled “Method and Apparatus for Three Dimensional Viewing of Images,” was duly and
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`legally issued by the USPTO to David Bryon Douglas and Robert E. Douglas, with D3D
`
`Technologies, Inc. as the ultimate assignee. A copy of the ‘183 patent is attached hereto as
`
`Exhibit 2.
`
`11.
`
`On October 16, 2016, United States Patent No. 9,473,766 (“the ‘766 patent”),
`
`entitled “Method and Apparatus for Three Dimensional Viewing of Images,” was duly and
`
`legally issued by the USPTO to David Bryon Douglas and Robert E. Douglas, with D3D
`
`Technologies, Inc. as the ultimate assignee. A copy of the ‘766 patent is attached hereto as
`
`Exhibit 3.
`
`12.
`
`On May 29, 2018, United States Patent No. 9,980,691 (“the ‘691 patent”),
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`entitled “Method and Apparatus for Three Dimensional Viewing of Images,” was duly and
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`legally issued by the USPTO to David Bryon Douglas and Robert E. Douglas, with D3D
`
`
`
`6
`
`
`
`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 7 of 74 PageID 7
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`Technologies, Inc. as the ultimate assignee. A copy of the ‘691 patent is attached hereto as
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`Exhibit 4.
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`13.
`
`The ‘771, ‘183, ‘766, and ‘691 patents are referred to hereinafter as “the D3D
`
`Patents.”
`
`14.
`
`Plaintiff D3D is the owner of the entire right, title, and interest in and to the
`
`D3D Patents, with the right to sue in its own name.
`
`a. Assignment of the ‘771 patent to D3D Technologies, Inc. (formerly D3D
`
`Enterprises, LLC) was executed on June 22, 2016 and recorded with the
`
`USPTO on June 27, 2016.
`
`b. Assignment of the ‘183 patent to D3D Technologies, Inc. (formerly D3D
`
`Enterprises, LLC) was executed between June 22, 2016 and June 23, 2016 and
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`recorded with the USPTO on June 27, 2016.
`
`c. Assignment of the ‘766 patent to D3D Technologies, Inc. was executed on June
`
`7, 2019 and recorded with the USPTO on May 8, 2020.
`
`d. Assignment of the ‘691 patent to D3D Technologies, Inc. was executed on June
`
`7, 2019 and recorded with the USPTO on May 8, 2020.
`
`Each of the D3D Patents are presumed valid under 35 U.S.C. § 282.
`
`The D3D patents are directed to improvements in three-dimensional imaging
`
`15.
`
`16.
`
`technology. More specifically, the patents are directed at voxel-based dataset modeling of three
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`dimensional images that can be further processed, such as, for example, (i) viewing a volume
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`of interest from alternate viewpoints; (ii) filtering a volume of interest; (iii) enhancing a
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`volume of interest via colorization; and (iv) zoom-in viewing of a volume of interest. Other
`
`
`
`7
`
`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 8 of 74 PageID 8
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`improvements of certain of the D3D patents are directed at convergence (i.e., viewing a close
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`object), viewing with polarized lenses, and the incorporation of 3D cursor technologies, to
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`selectively view portions of the volume of interest, and to conduct further processing on the
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`selected voxels.
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`THE D3D TECHNOLOGY
`
`17.
`
`D3D Technologies, Inc. was founded to create improved three-dimensional
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`imaging technology. Traditionally, voxelated datasets (e.g., Computed Tomography (CT)
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`scans and Magnetic Resonance Imaging (MRI) scans) were viewed on 2D monitors using a
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`slice-by-slice scrolling technique. D3D transformed the way the voxelated datasets are viewed,
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`and the patented technology is known as true Depth-3-Dimensional (D3D) imaging. The D3D
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`technology dates back to 2006 and forms the basis for all the patents-at-issue. The patented
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`technology is directed to arranging two dimensional image slices to build a three dimensional
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`voxelated volume that can be stereoscopically rendered into different left and right eye viewing
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`perspectives, which was not well-understood, routine, or conventional at the time of the
`
`invention. See, e.g., David B. Douglas et al., Augmented reality: Advances in Diagnostic
`
`Imaging,
`
`Multimodal
`
`Tech.
`
`&
`
`Interaction
`
`(2017),
`
`available
`
`at
`
`https://doi.org/10.3390/mti1040029 (last visited Sept. 16, 2020) (cited 21 times in the scientific
`
`literature). The resulting 3D image processing technique is particularly useful for viewing via
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`an augmented reality, virtual reality, or mixed reality head display unit, and has wide
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`applicability across numerous disciplines,
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`including medical applications, military
`
`applications, and use in gaming systems, to name a few.
`
`
`
`8
`
`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 9 of 74 PageID 9
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`18.
`
`The foundational nature of the D3D technology for use in medical applications,
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`namely creating 3D voxelated volumes from 2D voxelated slices, was recognized by a National
`
`Institutes of Health (NIH) fact sheet:
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`[A] narrow beam of x-rays is aimed at a patient and quickly rotated around the
`body, producing signals that are processed by the machine’s computer to
`generate cross sectional images—or “slices”—of the body. . . . Once a number
`of successive slices are collected by the machine’s computer, they can be
`digitally “stacked” together to form a three-dimensional image of the patient
`that allows for easier identification and location of basic structures as well as
`possible tumors or abnormalities.
`
`Nat’l Inst. of Biomedical Imaging & Bioengineering, Nat’l Inst. of Health, Computed
`
`Tomography
`
`(CT)
`
`Fact
`
`Sheet
`
`(Mar.
`
`2016),
`
`https://www.nibib.nih.gov/sites/default/files/CT%20Fact%20Sheet%202016_508.pdf
`
`(last
`
`visited Sept. 16, 2020). Notably, the NIH fact sheet was published in March 2016, nearly a
`
`decade after D3D filed their patent applications.
`
`19.
`
`D3D’s same 3D imaging technology provides vast improvements over the prior
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`art in other non-medical fields, where it is critical to create and develop three-dimensional
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`images allowing for depth or volume imaging. Video gaming is one ubiquitous application for
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`3D imaging, whether by forming the gaming characters themselves or the detailed 3D
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`landscapes on which the games play out. There are numerous industrial applications, including
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`using 3D images for training machine operators, facilitating machine diagnostics and repairs,
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`or providing routine machine maintenance instructions accompanied by 3D illustrations.
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`Scientific data (e.g. the Geographic Information System (GIS)) utilize voxelated datasets to
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`form volumetric features, such as landscape and urban features. The ability to generate realistic
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`3D landscapes and 3D models of people is also critical in military applications, whether for
`
`
`
`9
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`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 10 of 74 PageID 10
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`training or for conducting actual military operations. This unique technology, when combined
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`with augmented reality, virtual reality, or mixed reality headsets, allows a viewer to rotate,
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`converge and even zoom-in on an image from different viewpoints. Especially in military
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`applications, the ability to see images from a true 3D perspective will be a great advantage.
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`20.
`
`D3D is an operating company that is dedicated to developing, manufacturing,
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`selling and/or licensing its technology across various industries. It is currently developing a
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`product for sale that incorporates D3D’s patented technology for medical applications for
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`detecting brain aneurysms. With support from the National Science Foundation (NSF), D3D
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`has transformed its initial prototype into a beta test version, performed user acceptance tests,
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`and tested diagnostic speed and diagnostic accuracy of complex anatomic structures for brain
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`aneurysms. Briefly, from a public health perspective, there are nearly 1 million brain aneurysm
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`ruptures worldwide every year resulting in nearly 500,000 deaths. Approximately half of the
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`victims are younger than 50 years old. Among survivors, nearly 66% suffer permanent
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`neurological deficits. Nearly 6.5 million people in the United States have an un-ruptured brain
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`aneurysm. Accurate early diagnosis of brain aneurysms is critically important because if un-
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`ruptured brain aneurysms can be detected, they can be treated with a minimally invasive
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`technique that would prevent future aneurysm rupture. In addition to improving diagnostic
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`accuracy and treatment planning of brain aneurysms, the advanced D3D 3D visualization
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`system holds promise in improving cancer imaging. D3D has performed over 30 customer
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`interviews and aims to achieve Food and Drug Administration (FDA) approval in the fall of
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`2020 for its medical imaging software.
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`
`
`
`
`10
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`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 11 of 74 PageID 11
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`THE INVENTORS OF THE D3D TECHNOLOGY
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`21.
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`Dr. David Douglas and Dr. Robert Douglas are the inventors of the patents-in-
`
`suit. Dr. David Douglas serves as the D3D Medical Advisor. He majored in physics at the U.S.
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`Air Force Academy, completed a M.D. from Georgetown and a M.P.H. from Harvard
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`University. His post-graduate training included General Surgery Internship and Diagnostic
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`Radiology Residency at the University of California, Davis. Then, he went to Stanford
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`University where he was the first ever neuroradiology fellow to complete dual neuroradiology-
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`nuclear medicine fellowships. He is now a dual board certified neuroradiologist-nuclear
`
`medicine physician licensed in California. As a physician and a scientist, Dr. David Douglas
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`focuses on bringing advanced imaging techniques into clinical medicine, and that focus led to
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`the innovations that evolved into the patents at issue.
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`22.
`
`Dr. David Douglas has experience working in various military positions,
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`including serving in Afghanistan as the Commander of Radiology. Presently, he serves as an
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`Active Duty Lieutenant Colonel in the United States Air Force and as an Adjunct Clinical
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`Assistant Professor in both Nuclear Medicine and Neuroradiology at Stanford University. Dr.
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`Douglas’ achievements have been recognized by his peers. His accolades include receiving the
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`Stanford Outstanding Fellow Teacher Award, the Travis Air Force Base Outstanding Faculty
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`Teaching Award, the Henkin Government Relations Fellowship with the Society of Nuclear
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`Medicine and Molecular Imaging (SNMMI), the Slosky Professional Relations Fellowship at
`
`the SNMMI and the American College of Radiology (ACR) Goldberg-Reeder Travel Grant for
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`humanitarian work in Kenya. Dr. David Douglas also serves on the Radiological Society of
`
`
`
`11
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`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 12 of 74 PageID 12
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`North America (RSNA) Public Information Advisors Network (PIAN) for his expertise in
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`Augmented Reality and Virtual Reality.
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`23.
`
`Dr. Robert Douglas serves as the D3D Chief Technology Officer. He graduated
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`from U.S. Military Academy at West Point and was the top 1% of his class in engineering.
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`During his Army career he was an Airborne Ranger having a range of experiences from combat
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`tours as an Infantryman in Vietnam, to tours with the United Nations in the Middle East, to the
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`Joint Chiefs of Staff studying nuclear weapons.
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`24.
`
`Dr. Robert Douglas received his PhD from the University of Central Florida
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`and was awarded the Personal Achievement Award by the College of Engineering. He has a
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`wide breadth of experience in military programs and imaging applications. He joined Martin
`
`Marietta, later to be part of Lockheed Martin, where he was director of systems analysis
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`responsible for analysis of a range of advanced weapons systems including fire control for Air
`
`Force fighters (F-22 and F-35); JASSM cruise missile; Army Javelin and Hellfire missiles,
`
`Longbow radar; MEADS air defense system; and Copperhead guided projectile. He later
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`joined DRS Technologies as Vice President, Engineering with a focus on thermal imaging
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`systems for Army combat vehicles (M1 Abrams tank and M2 Bradley Infantry Fighting
`
`Vehicle), combat aviation (AH-64 and OH-58D), and thermal imaging for infantry weapons
`
`and helmets. Dr. Robert Douglas also served on the Army Science Board for over 20 years,
`
`and chaired seven major studies for the Board.
`
`
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`
`
`
`
`12
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`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 13 of 74 PageID 13
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`D3D’S CORRESPONDENCE WITH MICROSOFT
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`25. Microsoft is well aware of D3D’s patented technology. Dr. Robert Douglas
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`knows Dr. Peter Lee, Microsoft’s Corporate Vice President of Research and Incubation, on a
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`personal level through multiple Army Science Board meetings. On October 5, 2016, Dr. Peter
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`Lee was notified via email by Dr. Robert Douglas of D3D’s technologies and D3D's desire to
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`work with Microsoft. In the October 5, 2016 email, Dr. Robert Douglas requested a 30-minute
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`follow up meeting to discuss and demonstrate the D3D technology. Dr. Robert Douglas also
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`attached an article whose lead author was his son, Dr. David Douglas, and an inventor of the
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`patented technology. The article entitled, “Augmented Reality Imaging System: 3D Viewing
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`of a Breast Cancer,” describes the D3D imaging technology and cites D3D’s ‘771 and ‘183
`
`patents in the opening paragraphs. Dr. Peter Lee did not respond to Dr. Robert Douglas.
`
`26.
`
`Subsequently, on August 28, 2017, Dr. David Douglas was at the Military
`
`Health Systems Research Symposium. During the conference, Dr. David Douglas saw a
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`demonstration by Microsoft for a new product called HoloLens. HoloLens had a limited degree
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`of imaging, and Dr. David Douglas believed that the HoloLens would be significantly
`
`enhanced if it used D3D’s true 3D technology. Dr. David Douglas spoke with Ms. Stacy Brown,
`
`Microsoft’s Senior Account Executive for Federal Sales, and Mr. Michael Erickson, who at the
`
`time, was Microsoft’s Director Lead of a team providing custom Application Specific
`
`Integrated Circuits (ASICs) for products including the HoloLens. On information and belief,
`
`Mr. Erickson is now Principal ASIC Engineer, and a technical lead for Microsoft’s infringing
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`HoloLens product.
`
`
`
`13
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`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 14 of 74 PageID 14
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`27.
`
`Dr. David Douglas provided detailed information and a demonstration of the
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`D3D technology to Ms. Brown and Mr. Erickson, and described to them the patented
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`technology and how it could be used to improve the Microsoft HoloLens product. He also
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`showed them publications in the Journal of Medical Devices and Journal of Nature and Science
`
`that described D3D’s technology, and the Company’s U.S. Patent No. 8,384,771 (the parent to
`
`the other patents at issue). After the meeting, Dr. David Douglas sent an email to Ms. Brown
`
`and Mr. Erickson, attaching his CV and the two identified publications they had discussed,
`
`which reference the ’771 and ‘183 patents. Despite the volume of information provided, and
`
`Microsoft expressing interest in the D3D technology, Dr. Douglas never heard back from
`
`Microsoft.
`
`28.
`
`Despite having provided Microsoft two opportunities to engage in meaningful
`
`discussions to see how the companies could collaborate, and having received no response, Dr.
`
`David Douglas tried one more time. On May 7, 2019, Dr. David Douglas sent yet another email
`
`to Mr. Erickson wherein he identified each of D3D patents at issue here and described to
`
`Microsoft how the patents have applications to a wide range of fields which are important to
`
`Microsoft, including gaming, medical and military. Again, despite the overture and the
`
`information provided, Microsoft never responded.
`
`COUNT I
`INFRINGEMENT OF THE ‘771 PATENT
`
`Plaintiff D3D repeats and realleges the above paragraphs 1 through 28, which
`
`29.
`
`are incorporated by reference as if fully restated herein.
`
`30.
`
`Plaintiff D3D is the owner by assignment of all right, title, and interest in and
`
`to the ‘771 patent, including the right to recover for any and all infringement thereof.
`
`
`
`14
`
`
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`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 15 of 74 PageID 15
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`Defendant is not licensed or otherwise authorized to practice the ‘771 patent.
`
`Plaintiff D3D has not licensed or otherwise authorized Defendant under the
`
`31.
`
`32.
`
`‘771 patent.
`
`33.
`
`The ‘771 patent is valid and enforceable, and presumed valid under 35 U.S.C.
`
`§ 282.
`
`34.
`
`The ‘771 patent relates to, among other things, methods, apparatus, and
`
`computer program products for three-dimensional viewing and manipulation of images.
`
`35.
`
`On information and belief, Defendant has infringed the ‘771 patent by making,
`
`having made, using, importing, providing, supplying, distributing, testing, selling, or offering
`
`for sale a method, apparatus, and computer program product for three-dimensional viewing
`
`and manipulation of images, as described and claimed in the ‘771 patent. For example,
`
`Microsoft’s HoloLens 1, HoloLens 2, and Integrated Visual Augmentation System (IVAS),
`
`each as described in more detail infra, infringe the ‘771 patent.
`
`a. Microsoft’s HoloLens 1
`
`According to Microsoft, the Microsoft HoloLens 1 “redefines personal
`
`computing through holographic experiences,” blending “cutting-edge optics
`
`and sensors to deliver 3D holograms pinned to the real world.” See HoloLens
`
`(1st
`
`gen)
`
`Hardware, Microsoft,
`
`https://docs.microsoft.com/en-
`
`us/hololens/hololens1-hardware (last visited Sept. 16, 2020).
`
`
`
`15
`
`
`
`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 16 of 74 PageID 16
`
`
`Source: https://docs.microsoft.com/en-us/hololens/hololens1-hardware (last visited Sept. 16, 2020).
`
`
`
`
`
`Source: https://docs.microsoft.com/en-us/hololens/hololens1-hardware (last visited Sept. 16, 2020).
`
`
`b. Microsoft’s HoloLens 2
`
`According to Microsoft, the Microsoft HoloLens 2, “refines the holographic
`
`computing journey stated by [HoloLens 1] to provide a more comfortable and
`
`immersive experience paired with more options for collaborating in mixed
`
`reality.” See HoloLens 2 Hardware, Microsoft, https://docs.microsoft.com/en-
`
`us/hololens/hololens2-hardware (last visited Sept. 16, 2020).
`
`
`
`16
`
`
`
`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 17 of 74 PageID 17
`
`Source: https://www.microsoft.com/en-us/hololens/hardware# (last visited Sept. 16, 2020).
`
`
`
`
`
`Source: <https://www.microsoft.com/en-us/p/holoLens-2/91pnzzznzwcp/?activetab=pivot:overviewtab> (last visited
`Sept. 16, 2020).
`
`
`
`
`
`17
`
`
`
`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 18 of 74 PageID 18
`
`Source: <https://www.microsoft.com/en-us/hololens/buy> (last visited Sept. 16, 2020).
`
`c. Microsoft’s Integrated Visual Augmentation System
`
`
`
`The United States Army awarded Microsoft a $480 million contract to supply
`
`the military branch with augmented reality technology. See Makena Kelly,
`
`Microsoft secures $480 million HoloLens contract from US Army, The Verge
`
`(Nov. 28, 2018), https://www.theverge.com/2018/11/28/18116939/microsoft-
`
`army-hololens-480-million-contract-magic-leap (last visited Sept. 16, 2020).
`
`On information and belief, Microsoft’s Integrated Visual Augmentation
`
`System (IVAS) is based on an enhanced HoloLens 2 design, which, by way of
`
`example, adds a night vision capability. According to Microsoft, the IVAS
`
`provides the military with the ability “to regain and maintain overmatch in
`
`multi-domain operations on battlefields that are increasingly urban, congested,
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`dark, and unpredictable.” Microsoft and the Army are engaged in wide-ranging,
`
`hands-on testing of the IVAS system with an expected deployment in 2021. See
`
`Bridgett Siter, Soldiers test new IVAS technology, capabilities with hands-on
`
`
`
`18
`
`
`
`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 19 of 74 PageID 19
`
`exercises,
`
`U.S.
`
`Army
`
`(Nov.
`
`20,
`
`2019),
`
`https://www.army.mil/article/230034/soldiers_test_new_ivas_technology_cap
`
`abilities_with_hand_on_exercises (last visited Sept. 16, 2020). The U.S. Army
`
`describes:
`
`The final product -- officials say it will likely be fielded in the fourth
`quarter of FY21 -- will include a variety of features: a color see-through
`digital display that makes it possible for the user to access information
`without taking his eye off the battlefield; thermal and low-light sensors
`that make it possible to see in the dark, literally; rapid target acquisition
`and aided target identification; augmented reality and artificial
`intelligence, to name just a few. IVAS is billed as a fight-rehearse-train
`system, meaning its function on the battlefield is priority, but its
`augmented reality capabilities, like real-time mapping, will make it
`useful for training and rehearsing operations anywhere at any time. And
`though it's said to "enhance the survivability" of combatants, its target
`identification technology will save civilian lives, too.
`
`
`Id.
`
`
`
`Source:
`<https://www.army.mil/article/230034/soldiers_test_new_ivas_technology_capabilities_with_hand_on_exercises>
`(last visited Sept. 16, 2020).
`
`
`
`
`
`19
`
`
`
`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 20 of 74 PageID 20
`
`Source:
`<https://www.army.mil/article/230034/soldiers_test_new_ivas_technology_capabilities_with_hand_on_exercises>
`(last visited Sept. 16, 2020).
`
`On information and belief, Defendant continues to engage in infringing acts, as
`
`
`
`36.
`
`described, supra, with knowledge of the ‘771 patent at least no later than October 5, 2016 per
`
`D3D correspondence with Microsoft as described in Paragraphs 25-28, and not later than the
`
`filing of this Complaint, and with the actual intent to cause the acts which it knew or should
`
`have known would directly infringe, individually or jointly, and induce actual infringement.
`
`Defendant’s Direct Infringement of the ‘771 Patent
`
`37.
`
`On information and belief, in violation of 35 U.S.C. § 271(a), Defendant has
`
`directly infringed, continues to directly infringe, and will continue to directly infringe,
`
`individually or jointly, absent this Court’s intervention one or more claims of the ‘771 patent,
`
`including for example at least claims 1-21 of the ‘771 patent, either literally or under the
`
`doctrine of equivalents, by making, distributing, using, testing, selling, and/or offering to sell
`
`within the United States, or importing into the United States, without license or authority,
`
`Defendant’s suite of virtual reality and augmented reality products, including, but not limited
`
`to, the HoloLens 1, HoloLens 2, and IVAS.
`
`
`
`20
`
`
`
`Case 6:20-cv-01699-GAP-DCI Document 1 Filed 09/16/20 Page 21 of 74 PageID 21
`
`Direct Infringement Allegations
`
`38.
`
`Direct Infringement Claim Charts: Exhibit 5 illustrates how Microsoft’s
`
`HoloLens 1, HoloLens 2 and IVAS systems infringe the claimed methods, computer readable
`
`mediums, and computer systems – with the computer system claims being used as
`
`representative of all the claims. Such supplied evidence is illustrative, and not exhaustive.
`
`Further, a person of ordinary skill in the art would readily recognize the broader implications
`
`of these representative materials.
`
`39.
`
`On information and belief, as demonstrated in Exhibit 5 (claim 15 is
`
`representative), and by way of example only, Defendant Microsoft performs each limitation of
`
`claim 1 of the ‘771 patent:
`
`“1. A method of three-dimensional viewing of images by a user comprising:
`selecting a volume of interest from a collection of image slices;
`arranging said slices corresponding to said volume of interest;
`selecting an initial viewing angle of said slices;
`selecting a first viewpoint for a left eye;