Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 1 of 21
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`INTERACTIVE PLAY DEVICES LLC, a
`Texas limited liability company,
`
` CIVIL ACTION FILE NO.
`
`Plaintiff,
`
`
`
` 6:20-cv-01120
`
`v.
`
`TARGET CORPORATION, a foreign
`corporation.
`
`Defendant.
`
` JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1.
`
`This is an action for patent infringement under 35 U.S.C. § 271, et seq., by Interactive
`
`Play Devices LLC (“IPD”) against Target Corporation (“Target” or “Defendant”). The action is
`
`for infringement of U.S. Patent No. 7,491,108 (the “108 Patent”, Exhibit A), U.S. Patent No.
`
`7,491,111 (the “111 Patent”, Exhibit B), U.S. Patent No. 7,018,265 (the “265 Patent”, Exhibit
`
`C), U.S. Patent No. 9,868,072 (the “072 Patent”, Exhibit D), and U.S. Patent No. 10,661,190
`
`(the “190 Patent”, Exhibit E). Collectively, these patents are the “Ghaly Patents.”
`
`THE PARTIES
`
`2.
`
`IPD is a limited liability company formed under the laws of Texas with its registered
`
`office address located in Austin, Texas. IPD is the owner by assignment of the Ghaly Patents.
`
`3.
`
`Target is a Minnesota Corporation with a principal office located at 1000 Nicollet Mall,
`
`Minneapolis, Minnesota 55403. Target maintains numerous “big box” retail stores in this district,
`
`including retail stores in Waco and Austin, among others. Target may be served with process via
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`its registered agent as follows: CT Corporation System, 1999 Bryan Street, Suite 900, Dallas,
`
`Texas, 75201-3136.
`
`6JX7984
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`1
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`Complaint for Patent Infringement
`
`IPR2021-00314
`Spin Master EX1028 Page 1
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`

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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 2 of 21
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`4.
`
`Spin Master, Ltd. is a wholly-owned subsidiary of Spin Master Corp., a publicly-traded
`
`company. Spin Master Ltd. is an operating company that operates globally, including in the
`
`United States. Spin Master Ltd. designs, manufactures, distributes and sells a wide variety of
`
`popular toys throughout the world. It is one of the largest toy companies in North America.
`
`Spin Master’s toys have been marketed, distributed and sold throughout the world, including in
`
`the United States.
`
`5.
`
`Since 2016, Spin Master Ltd. has made, imported, marketed and sold interactive robotic
`
`products globally, including in the United States, including the Hatchimals, Luvabella and
`
`Zoomer product lines (e.g., Zoomer Playful Pup). These products are collectively referred to
`
`herein as the “Infringing Products.” Target has sold, offered for sale and sells the Infringing
`
`Products into the United States through retail stores physically located in this judicial district.
`
`6.
`
`Spin Master Ltd. has at all times between 2016 and the current date maintained
`
`employees whose purpose it is to encourage and support Target in the sale of its products,
`
`including the Infringing Products, in the United States.
`
`7.
`
`Spin Master Ltd., between 2016 and the current date, has created and/or used and/or
`
`provided to Target content (e.g., advertisements, YouTube and other marketing videos, web
`
`pages, instruction manuals, marketing materials) to help Target advance the sale and use of the
`
`Infringing Products in the United States. Examples of this content follow for Hatchimals (par.
`
`8), Luvabella (par. 9) and Zoomer (par. 10).
`
`
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`6JX7984
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`2
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 2
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 3 of 21
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`8.
`
`For example, this is a web page created by Spin Master Ltd. used to promote Hatchimals
`
`on the Spin Master web site:
`
`
`
`
`
`https://www.spinmaster.com/product_detail.php?pid=p30324&bid=cat_hatchimals
`
`
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`
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`6JX7984
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`3
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 3
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`

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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 4 of 21
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`9.
`
`For example, this is a web page created by Spin Master Ltd. used to promote Luvabella
`
`on the Spin Master web site:
`
`
`
`
`
`
`
`https://www.spinmaster.com/product_detail.php?pid=p21330&bid=cat_luvabella
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`6JX7984
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`4
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 4
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 5 of 21
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`10.
`
`For example, this is a web page created by Spin Master Ltd. used to promote Zoomer
`
`Playful Pup on the Spin Master web site:
`
`
`
`
`
`https://www.spinmaster.com/product_detail.php?pid=p30332&bid=cat_zoom_pets
`
`11.
`
`The Infringing Products are packaged in boxes which identify Spin Master Ltd. as the
`
`manufacturer, seller and responsible party. Inside each box are product instructions which,
`
`again, identify Spin Master Ltd.
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`6JX7984
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`5
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 5
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 6 of 21
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`12.
`
`For example, the following is a true and correct photograph of a portion of a Hatchimals
`
`box and a portion of the Hatchimals instructions identifying Spin Master Ltd.:
`
`
`
`Hatchimals Box
`
`
`
`Hatchimals Instructions
`
`
`
`
`
`
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`6JX7984
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`6
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 6
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 7 of 21
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`13.
`
`The following are true and correct photos of a Luvabella box and a portion of the related
`
`product instructions identifying Spin Master Ltd.:
`
`
`
`
`
`
`
`Luvabella Box
`
`Luvabella Instructions
`
`
`
`
`
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`6JX7984
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`7
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 7
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 8 of 21
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`14.
`
`The following are true and correct photos of a Zoomer box and instructions identifying
`
`Spin Master Ltd.:
`
`
`
`
`
`Zoomer Box
`
`Zoomer Instructions
`
`
`
`
`
`
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`6JX7984
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`8
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 8
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 9 of 21
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`PERSONAL JURISDICTION AND VENUE
`
`This is an action for infringement of a United States patent arising under 35 U.S.C. §§
`
`15.
`
`271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the action
`
`under 28 U.S.C. §§ 1331 and 1338(a).
`
`16.
`
`Target has availed itself of the privilege of doing business in Texas, including in this
`
`judicial district. Upon information and belief, Target has regular and established places of
`
`business in Texas, including within this judicial district.
`
`17.
`
`Upon information and belief, Target has hired employees who work in this judicial
`
`district who advance the sale of the Infringing Products.
`
`18.
`
`This Court has personal jurisdiction over Target in this action because Target has
`
`committed acts within the Western District of Texas giving rise to this action (offers for sale and
`
`sales of the Infringing Products) and has established minimum contacts with this forum such that
`
`the exercise of jurisdiction over Target would not offend traditional notions of fair play and
`
`substantial justice.
`
`19.
`
`Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`20.
`
`Target is subject to this Court’s specific and general personal jurisdiction under due
`
`process and/or the Texas Long Arm Statute. This is due, inter alia, to its substantial business in
`
`this forum, including: (i) a portion of the infringements alleged herein; and (ii) regularly doing or
`
`soliciting business, engaging in other persistent courses of conduct in Texas, and/or deriving
`
`substantial revenue from goods and services provided to individuals in Texas, including in this
`
`district.
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`6JX7984
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`9
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 9
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`

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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 10 of 21
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`COUNT I
`(Infringement of the 108 Patent)
`
` Count I incorporates the contents of the preceding paragraphs 1-20 as if restated fully
`
`21.
`
`herein.
`
`22. Hatchimals include Pengualas, Draggles, Owlicorns, Burtles, and Bearakeets, among
`
`others. The Hatchimals were released by Spin Master Ltd. on or about October 7, 2016. Unless
`
`otherwise noted, these varieties each possess the same features, functions and components
`
`described herein with respect to the 108 Patent.
`
`23. Through retail stores, Target has sold, sells and has offered for sale the Infringing
`
`Products, including Hatchimals, in the United States.
`
`24.
`
`Hatchimals are electronic toy vehicles encased in a disposable plastic housing designed to
`
`look like an egg.
`
`25.
`
`According to promotional content created by Spin Master Ltd., the user has to pick up the
`
`egg and rub the bottom to encourage the toy to start pecking at the egg to break through. The
`
`user can also tap gently on the shell and the toy will tap back. A user must interact with the egg
`
`for a certain time period before the toy will respond and begin hatching.
`
`26.
`
`Once hatched, a Hatchimal is ready to play and grow. “Give your Hatchimal a name and
`
`raise it through 3 stages: from baby, to toddler, to kid. At each stage they’ll sing ‘Hatchy
`
`Birthday’! Hatchimals really walk, talk, dance, play games, and more.”
`
`https://spinmastersupport.helpshift.com/a/hatchimals/?s=general-faqs&f=what-is-a-
`
`hatchimal&p=web
`
`27.
`
`The Hatchimal includes at least one of a switch, a pressure switch and a sound activated
`
`sensor. For example, the Hatchimal detects when a user is rubbing the shell of the Hatchimal.
`
`The Hatchimal also responds to sound, such as clapping.
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`6JX7984
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`10
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 10
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 11 of 21
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`28. Each Hatchimal has a protective exterior housing with a motor and gearbox (connected
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`to wheels located under the bottom of the exterior housing, not visible in the picture below),
`
`interior computer components (e.g., a circuit board containing a microprocessor and memory),
`
`and wires connecting the computer components to external sensors and the gearbox as illustrated
`
`by the following picture:
`
`http://blog.tekkies.co.uk/2017/02/hatchimal-dissasembly.html.
`
`29. Among the interactions between user and Hatchimal is teaching the Hatchimal to talk and
`
`
`
`to walk. According to Spin Master’s web site:
`
`https://spinmastersupport.helpshift.com/a/hatchimals/?p=web&s=after-hatching-
`faqs&f=how-do-i-teach-my-hatchimal-to-talk&l=en
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`
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`6JX7984
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`11
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 11
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 12 of 21
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`https://spinmastersupport.helpshift.com/a/hatchimals/?p=web&s=after-hatching-
`faqs&f=how-do-i-teach-my-hatchimal-to-walk&l=en
`
`30. Each Hatchimal employs a control program (comprised of computer program segments)
`
`
`
`which is executed by the microprocessor, and which controls the Hatchimal and which tracks
`
`and stores a certain amount of interaction with a user before the Hatchimal can proceed to a next
`
`stage to learn new activities. Accordingly, it processes a user’s responses to determine the level
`
`of interaction the user has engaged in with the Hatchimal. The following page from the
`
`Hatchimals’ instruction manual illustrates this:
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`6JX7984
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 12
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 13 of 21
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`
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`31. According to the instructions authored by Spin Master Ltd., each Hatchimal uses the
`
`information it obtains from interacting with a user to progress to a next stage, such as the toddler
`
`stage, wherein the Hatchimal learns different activities, such as talking, walking and dancing.
`
`
`
`
`
`32. Each of the Hatchimals is therefore an interactive play device for interacting between the
`
`device and the user comprising:
`
`a housing,
`
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`6JX7984
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`13
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 13
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 14 of 21
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`a microprocessor with a computer-readable medium encoded with a
`computer program to control the operation of the device,
`
` a
`
` computer program segment that generates a plurality of interactions for
`providing interactive effects with the user,
`
`at least one of a switch, a pressure switch, a sound activated sensor, a
`voice activated module, a speech recognition module, a magnetic sensor, a
`light activated sensor, a magnetic sensor, a proximity sensor, a switch on a
`remote control apparatus, and an accessory that can be plugged into the
`device to enable a user to interact with the device,
`
`computer memory to store information related to user's responses to
`interactions, a computer program segment that processes user's responses
`to derive knowledge information pertaining to how the user has interacted
`with the device, and
`
` a
`
` computer program segment that employs said knowledge information to
`control the device to operate in a distinct manner that is different from the
`operation of a similar device with a different knowledge information.
`
`Because all elements of at least one claim of the 108 Patent are present in each of the
`
`33.
`
`Infringing Products, either literally or under the doctrine of equivalents, Target’s past and present
`
`sales and offers for sale of the Infringing Products in the U.S., as well as its support and
`
`encouragement of customers to use the Infringing Products with knowledge that such use
`
`infringes the 108 Patent, infringes at least one claim of the 108 Patent.
`
`34.
`
`Claim charts demonstrating infringement of the Ghaly Patents, including the 108 Patent,
`
`on an element-by-element basis by the Infringing Products will be served with the Preliminary
`
`Infringement Contentions in this case in accordance with the rules of this Court.
`
`COUNT II
`(Infringement of the 111 Patent)
`
`
`35. Count II incorporates the contents of the preceding paragraphs 1-34 as if restated fully
`
`herein.
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`6JX7984
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`14
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 14
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 15 of 21
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`36.
`
`Through retail stores, Target has sold, sells and has offered for sale the Infringing
`
`Products, including Hatchimals, in the United States.
`
`37.
`
`Each Hatchimal is an interactive toy vehicle that provides interactive effects with the user
`
`comprising:
`
`input control mechanisms to enable a player to control the vehicle, and
`interact with the vehicle,
`
` a
`
` microprocessor with a computer-readable medium encoded with a
`computer program to control the operation of the vehicle,
`
`a computer program segment to control the operation of the vehicle,
`
`computer memory to store information related to user's interactions,
`
` a
`
` computer program segment that analyzes user's interactions with the
`vehicle in order to derive knowledge information that includes at least one
`of pattern of user's interactions with the vehicle, user's preferences in
`interacting with the vehicle, user's habits in interacting with the device,
`and personal information pertaining to the user, and
`
` a
`
` computer program segment that employs said knowledge information to
`operate the vehicle in a plurality of states that imitates human or android
`behavior.
`
`
`Because all elements of at least one claim of the 111 Patent are present in the Infringing
`
`38.
`
`Products (e.g., the Hatchimals), either literally or under the doctrine of equivalents, Target’s past
`
`and present sales and offers for sale of the Infringing Products in the U.S., as well as its support
`
`and encouragement of customers to use the Infringing Products with knowledge that such use is
`
`likely to infringe, infringe at least one claim of the 111 Patent.
`
`39.
`
`Because all elements of at least one claim of the 111 Patent are present in the Infringing
`
`Products (e.g., Hatchimals), either literally or under the doctrine of equivalents, Target’s past and
`
`present sales and offers for sale of them in the U.S. infringe at least one claim of the 111 Patent.
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`6JX7984
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`15
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 15
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 16 of 21
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`40.
`
`Claim charts demonstrating infringement of the Ghaly Patents, including the 111 Patent,
`
`on an element-by-element basis by the Infringing Products will be served with the Preliminary
`
`Infringement Contentions in this case.
`
`COUNT III
`(Infringement of the 265 Patent)
`
`41. Count III incorporates the contents of the preceding paragraphs 1-40 as if restated fully
`
`herein.
`
`42.
`
`Through retail stores, Target has sold, sells and has offered for sale the Infringing
`
`Products, including Hatchimals, in the United States.
`
`43.
`
`The Infringing Products include Hatchimals and Zoomer products, which are examples of
`
`a toy vehicle comprising:
`
`vehicle chassis or frame having a plurality of wheels,
`
`motor driving at least one wheel of the vehicle,
`
`input control means, which includes at least one of a switch, a sound
`activated sensor, a voice activated module, a speech recognition module, a
`light activated sensor, and a magnetic sensor, to enable a player to control
`the vehicle, and interact with the vehicle, and
`
`additional means to control the operation of the vehicle, and which causes
`the vehicle, at certain times, to function in a manner that is different from
`its normal operation when it is responsive to said input control means.
`
`
`Because all elements of at least one claim of the 265 Patent are present in each of the
`
`44.
`
`Infringing Products, either literally or under the doctrine of equivalents, Target’s past and present
`
`sales and offers for sale of the Infringing Products in the U.S., as well as its support and
`
`encouragement of customers to use the Infringing Products with knowledge that such use likely
`
`infringes, infringe at least one claim of the 265 Patent.
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`6JX7984
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`16
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 16
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 17 of 21
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`45.
`
`Claim charts demonstrating infringement of the Ghaly Patents, including the 265 Patent,
`
`on an element-by-element basis by the Infringing Products will be served with the Preliminary
`
`Infringement Contentions in this case.
`
`COUNT IV
`(Infringement of the 072 Patent)
`
`Count IV incorporates the contents of the preceding paragraphs 1-45 as if restated fully
`
`
`46.
`
`herein.
`
`47.
`
`Through retail stores, Target has sold, sells and has offered for sale the Infringing
`
`Products, including Hatchimals, in the United States.
`
`48.
`
`The Infringing Products include an interactive play device for interacting between the
`
`device and a user, wherein the device gains knowledge from a plurality of interactions with the
`
`user, comprising:
`
`a housing,
`
` a
`
` microprocessor with a non-transitory computer-readable medium
`encoded with a computer program to control the operation of the play
`device, including enabling the device to operate in a plurality of states,
`
` a
`
` computer program segment that generates a plurality of interactions,
`wherein the device provides at least two distinct interactions in at least one
`of said plurality of operating states,
`
`at least one of a push button, switch, pressure switch, touch control switch,
`sensor, voice activated switch, speech recognition module, sound activated
`sensor, a motion detector, a touch control located on a remote apparatus, a
`sensor located on a remote apparatus, a push button located on a remote
`control apparatus, and an accessory that can be plugged into the device to
`enable the user to interact with the device,
`
`computer memory to store information related to said plurality of user's
`interactions with the device,
`
` a
`
` computer program segment that employs said stored information to
`establish knowledge information that includes at least one of user's
`responses to interactions by the device, pattern of user's interactions, user's
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`6JX7984
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`IPR2021-00314
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 18 of 21
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`preferences in interacting with the device, user's skill in interacting with
`the device, and personal information pertaining to the user, and
`
` a
`
` computer program segment, responsive to user's interaction with the
`device and which uses said knowledge information to transform the device
`from a current operating state to a different operating state.
`
`
`49.
`
`Because all elements of at least one claim of the 072 Patent are present in the Infringing
`
`Products, either literally or under the doctrine of equivalents, Target’s past and present
`
`manufacture, use, importation and sales and offers for sale of the Infringing Products in the U.S.,
`
`as well as its support and encouragement of customers to use the Infringing Products with
`
`knowledge that such use is likely infringing, infringe at least one claim of the 072 Patent.
`
`50.
`
`Claim charts demonstrating infringement of the Ghaly Patents, including the 072 Patent,
`
`on an element-by-element basis by the Infringing Products will be served with the Preliminary
`
`Infringement Contentions in this case.
`
`COUNT V
`(Infringement of the 190 Patent)
`
`
`51. Count V incorporates the contents of the preceding paragraphs 1-50 as if restated fully
`
`herein.
`
`52.
`
`Through retail stores, Target has sold, sells and has offered for sale the Infringing
`
`Products, including Hatchimals, in the United States.
`
` 53.
`
`Each of the Hatchimals is a mobile interactive play device for interacting with a user,
`
`comprising:
`
`a housing;
`
`a motor;
`
`a plurality of input control mechanisms, including at least one switch, a touch
`control, a remote control, a sensor, a voice activated module, a voice recognition
`module, or a speech recognition module, permitting the user to interact with the
`device;
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`6JX7984
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 18
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 19 of 21
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` a
`
` computer memory to store data related to user’s interactions with the device;
`
` a
`
` microprocessor with a non-transitory computer-readable medium encoded with
`a computer control program and a plurality of computer program segments to
`control operation of the play device;
`
` a
`
` first computer program segment that processes said stored data to establish
`knowledge information related to how the user interacted with the device during
`said plurality of past interactions, including at least one of user's responses to
`interactions with the device, pattern of user's interactions with the device, type of
`user’s interactions with the device, user's preferences in interacting with the
`device, user's skill in interacting with the device, and personal information
`pertaining to the user;
`
` a
`
` second computer program segment that employs said knowledge information to
`transform the device from a first operating state to a second operating state;
`
` a
`
` third computer program segment that causes the device to perform distinct
`functionality in each of said first state and said second state; and
`
` a
`
` fourth computer program segment that causes the device to engage in a random
`event or act which is not based on said knowledge information.
`
`
`54.
`
`Because all elements of at least one claim of the 190 Patent are present in the Infringing
`
`Products, either literally or under the doctrine of equivalents, Target’s past and present sales and
`
`offers for sale of the Infringing Products in the U.S. infringe at least one claim of the 190 Patent.
`
`55.
`
`Claim charts demonstrating infringement of the Ghaly Patents, including the 190 Patent,
`
`on an element-by-element basis by the Infringing Products will be served with the Preliminary
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`Infringement Contentions in this case.
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`THE INFRINGEMENT IS WILLFUL
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`56.
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`Target has been on notice of Ghaly Patents since at least as early as September 1, 2017,
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`when it was advised by the Plaintiff that it was selling certain product(s) made by WowWee that
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`were interactive toy robots substantially similar to the Infringing Products, in violation of
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`numerous claims of the Ghaly Patents.
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`6JX7984
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`19
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 19
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 20 of 21
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`57.
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`In response, Target did not modify its behavior. It continued to sell the infringing
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`WowWee products at issue.
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`58.
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`Plaintiff provided to Target’s counsel numerous claim charts showing in detail how
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`numerous interactive robotic toys being sold by Target that were substantially similar to the
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`Infringing Products infringed numerous claims of the Ghaly Patents.
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`59.
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`In response, Target did not modify its behavior. It continued to sell the infringing
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`WowWee products at issue.
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`60.
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`Plaintiff then identified another interactive toy robot being sold by Target – the Anki
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`Cozmo – and provided Target’s counsel claim charts detailing the infringement of numerous
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`claims of the Ghaly Patents. Cozmo was substantially similar to the Infringing Products.
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`61.
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`In response, Target did not modify its behavior. It continued to sell the infringing Anki
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`product at issue.
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`62.
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`Since September 2017, Target’s ongoing sales of interactive toy robots including the
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`Infringing Products, have knowingly infringed the Ghaly Patents.
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`63.
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`For at least these reasons, Target’s conduct is egregious such that the trier of fact will
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`determine that it has willfully infringed the Ghaly Patents.
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`PRAYER FOR RELIEF
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`WHEREFORE, IPD respectfully requests the Court to enter judgment as follows:
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`That Defendant has directly and indirectly infringed the Ghaly Patents;
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`That Defendant be ordered to pay damages adequate to compensate IPD for its
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`A.
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`B.
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`infringement of the Ghaly Patents, but in no event less than a reasonable royalty, together with
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`prejudgment and post-judgment interest thereon;
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`6JX7984
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`20
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 20
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`Case 6:20-cv-01120-ADA Document 1 Filed 12/09/20 Page 21 of 21
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`C.
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`That Defendant be ordered to account for any post-verdict infringement and pay no less
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`than a reasonable royalty, together with interest, thereon;
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`D.
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`That damages be enhanced based on the willfulness of the infringement, to the maximum
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`extent permitted by law; and
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`That IPD be granted such other and additional relief as the Court deems just and proper.
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`E.
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`Jury Demand
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`IPD hereby demands a jury trial as to all issues so triable.
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`DATED this 9th day of December, 2020.
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`RESPECTFULLY SUBMITTED,
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`/s/ John A. “Andy” Powell
`John A. "Andy" Powell
`State Bar No. 24029775
`USPTO Reg. No. 71,533
`powell@namanhowell.com
`John P. Palmer
`State Bar No. 15430600
`palmer@namanhowell.com
`Jacqueline P. Altman
`State Bar No. 24087010
`jaltman@namanhowell.com
`NAMAN HOWELL SMITH & LEE, PLLC
`400 Austin Ave., Suite 800
`Waco, Texas 76701
`Tel.: (254) 755-4100
`Fax: (254) 754-6331
`
`-and-
`Steven G. Hill - Georgia Bar No. 354658
`Pro Hac Vice application to be filed
`sgh@hkw-law.com
`HILL, KERTSCHER & WHARTON, LLP
`3350 Riverwood Parkway
`Atlanta, Georgia 30339
`Tel.: (770) 953-0995
`Fax: (770) 953-1358
`
`Counsel for Plaintiff Interactive Play Devices LLC
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`6JX7984
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`21
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`Complaint for Patent Infringement
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`IPR2021-00314
`Spin Master EX1028 Page 21
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`