IN THE UNITED STATES DISTRICT COURT
` FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`CIVIL ACTION 6:21-cv-00740-ADA
`
`
`
`
`TEXTRON INNOVATIONS INC.,
`Plaintiff,
`
`
`v.
`
`SZ DJI TECHNOLOGY CO, LTD.,
`DJI EUROPE B.V., AND DJI
`TECHNOLOGY, INC.,
`Defendants.
`
`
`
`PLAINTIFF’S DISCLOSURES OF PRELIMINARY INFRINGEMENT CONTENTIONS
`
`Under the Court’s Order Governing Proceeding – Patent Case (“OGP”), Plaintiff Textron
`
`Innovations Inc. (“Textron”) provides its Preliminary Infringement Contentions to Defendants SZ
`
`DJI Technology Co., Ltd., DJI Europe B.V., and DJI Technology Inc. (“DJI” or “Defendants”).
`
`Textron makes this disclosure based on the information presently available to it. Discovery
`
`in this case has not yet begun, and Textron reserves the right to amend or supplement these
`
`disclosures as permitted by the Federal Rules of Civil Procedure, by the local rules of the Western
`
`District of Texas, and by order of the Court, including the Court’s OGP.
`
`I.
`
`Identification of Asserted Claims and Accused Products
`
`Based on the information currently and reasonably available to Textron, in view of
`
`Textron’s present understanding of the proper construction of each of the claims listed below
`
`(collectively, the “Asserted Claims”) and based on Textron’s present understanding of the function
`
`and operation of the DJI instrumentalities listed below (collectively, the “Accused Products”), DJI
`
`has infringed and continues to infringe at least the following Asserted Claims in violation of 35
`
`U.S.C. § 271(a) by making, using, offering to sell, or selling within the United States, or by
`
`1
`
`Page 1 of 7
`
`DJI Exhibit 1010
`
`
` FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`CIVIL ACTION 6:21-cv-00740-ADA
`
`
`
`
`TEXTRON INNOVATIONS INC.,
`Plaintiff,
`
`
`v.
`
`SZ DJI TECHNOLOGY CO, LTD.,
`DJI EUROPE B.V., AND DJI
`TECHNOLOGY, INC.,
`Defendants.
`
`
`
`PLAINTIFF’S DISCLOSURES OF PRELIMINARY INFRINGEMENT CONTENTIONS
`
`Under the Court’s Order Governing Proceeding – Patent Case (“OGP”), Plaintiff Textron
`
`Innovations Inc. (“Textron”) provides its Preliminary Infringement Contentions to Defendants SZ
`
`DJI Technology Co., Ltd., DJI Europe B.V., and DJI Technology Inc. (“DJI” or “Defendants”).
`
`Textron makes this disclosure based on the information presently available to it. Discovery
`
`in this case has not yet begun, and Textron reserves the right to amend or supplement these
`
`disclosures as permitted by the Federal Rules of Civil Procedure, by the local rules of the Western
`
`District of Texas, and by order of the Court, including the Court’s OGP.
`
`I.
`
`Identification of Asserted Claims and Accused Products
`
`Based on the information currently and reasonably available to Textron, in view of
`
`Textron’s present understanding of the proper construction of each of the claims listed below
`
`(collectively, the “Asserted Claims”) and based on Textron’s present understanding of the function
`
`and operation of the DJI instrumentalities listed below (collectively, the “Accused Products”), DJI
`
`has infringed and continues to infringe at least the following Asserted Claims in violation of 35
`
`U.S.C. § 271(a) by making, using, offering to sell, or selling within the United States, or by
`
`1
`
`Page 1 of 7
`
`DJI Exhibit 1010
`
`
`
`importing into the United States, at least the following Accused Products. Additionally, on
`
`information and belief, DJI has developed and tested Accused Products in this District. As noted
`
`below, Textron provides its preliminary contentions regarding DJI’s infringement of each of the
`
`Asserted Claims by the Accused Products in the attached charts.
`
` Exhibit A: Claims 1-11 of U.S. Patent No. 8,014,909 (“’909 Patent”).
`
` Exhibit B: Claims 1, 4-6, 9-11, and 14 of U.S. Patent No. 8,108,085 (“’085
`
`Patent”).
`
` Exhibit C: Claims 1-2, 4, 6-7, 9-10, 12, and 14-18 of U.S. Patent No. 8,078,395
`
`(“’395 Patent”).
`
` Exhibit D: Claims 1-2, 6-7, and 12-13 of U.S. Patent No. 9,162,752 (“’752
`
`Patent”).
`
` Exhibit E: Claims 1-2, 4-8, 10-13, 15-17, and 22-25 of U.S. Patent No. 10,243,647
`
`(“’647 Patent”).
`
`Although discovery has not yet begun, Exhibits A–E contain charts identifying examples
`
`of where each element of each Asserted Claim is found in the Accused Products. Based on the
`
`information currently and reasonably available to Textron and based on Textron’s present
`
`understanding of the function and operation of the Accused Products, each element of the Asserted
`
`Claims is present in the Accused Products literally or under the doctrine of equivalents. Textron
`
`reserves all rights to respond more fully regarding the doctrine of equivalents if and after DJI
`
`provides discovery (including, to the extent DJI contends that it does not literally infringe any
`
`Asserted Claim, the basis for such contention) and/or after the Court provides its Claim
`
`Construction Order. Textron further reserves the right to revise, amend, and/or supplement the
`
`attached claim charts to the full extent contemplated by the Federal Rules of Civil Procedure, the
`
`2
`
`Page 2 of 7
`
`
`
`Court’s Local Rules, or as allowed by the Court, including after DJI provides discovery or any
`
`other pertinent information and after the Court provides its Claim Construction Order.
`
`II.
`
`Identification of Priority Dates
`
`Based on the information currently and reasonably available to Textron, each of the
`
`Asserted Claims is entitled to the preliminary priority dates identified below:
`
` The application from which the '909 Patent issued was filed on March 25, 2004.
`
`Based on Textron's current investigation, Asserted Claims of the '909 Patent are
`
`entitled to a priority date no later than March 25, 2004.
`
` The application from which the '085 Patent issued was filed on May 18, 2011 and
`
`claims priority back to a PCT application filed on March 25, 2004. Based on
`
`Textron's current investigation, Asserted Claims of the '085 Patent are entitled to a
`
`priority date no later than March 25, 2004.
`
` The application from which the '395 Patent issued was filed on November 15, 2005.
`
`Based on Textron's current investigation, Asserted Claims of the '395 Patent are
`
`entitled to a priority date no later than November 15, 2005.
`
` The application from which the '752 Patent issued was filed on July 15, 2011.
`
`Textron conceived of the invention as early as July 21, 2000. Based on Textron's
`
`current investigation, Asserted Claims of the '752 Patent are entitled to a priority
`
`date no later than July 15, 2011.
`
` The application from which the '647 Patent issued was filed on May 30, 2017.
`
`Based on Textron's current investigation, Asserted Claims of the '647 Patent are
`
`entitled to a priority date no later than May 30, 2017.
`
`Additionally, contemporaneously with these Preliminary Infringement Contentions,
`
`3
`
`Page 3 of 7
`
`
`
`Textron is producing copies of the file histories for each of the Patents-in-Suit.
`
`Textron’s investigation is ongoing. In the event that any of the Asserted Claims is found
`
`to not be entitled to the claimed priority date, such Asserted Claim(s) are entitled to claim priority
`
`to at least the date of the next-filed priority application, and are entitled to a priority date of no
`
`later than the date of filing of the application from which the Asserted Claims issued. Textron
`
`identifies the above priority dates for patents that claim priority to an earlier application expressly
`
`without waiver to asserting earlier invention dates. Textron reserves the right to assert invention
`
`dates earlier than the aforementioned priority dates based on the earlier conception and/or
`
`reduction to practice of the Asserted Claims.
`
`4
`
`Page 4 of 7
`
`
`
`Dated: November 1, 2021
`
`Respectfully submitted,
`
`/s/ Kevin J. Meek
`Kevin J. Meek
`Texas Bar No. 13899600
`Valerie Barker
`Texas Bar No. 24087141
`BAKER BOTTS L.L.P.
`98 San Jacinto Blvd, Suite 1500
`Austin, TX 78701
`Telephone: (512) 322-2587
`Facsimile: (512) 322-3687
`kevin.meek@bakerbotts.com
`valerie.barker@bakerbotts.com
`
`Harrison Rich (pro hac vice)
`Texas Bar No. 24083730
`BAKER BOTTS L.L.P.
`2001 Ross Avenue, Suite 900
`Dallas, Texas 75201
`Telephone: (214) 953-6896
`Facsimile: (214) 661-4896
`harrison.rich@bakerbotts.com
`
`Arya Moshiri (pro hac vice)
`California Bar No. 324231
`BAKER BOTTS L.L.P.
`101 California Street, Suite 3600
`San Francisco, CA 94111
`Telephone: (415) 291-6223
`Facsimile: (415) 291-6323
`arya.moshiri@bakerbotts.com
`
`Mark D. Siegmund
`State Bar No. 24117055
`Steckler Wayne Cochran Cherry, PLLC
`8416 Old McGregor Road
`Waco, Texas 76712
`Telephone: (254) 651-3690
`Facsimile: (254) 651-3689
`mark@swclaw.com
`jenn@swclaw.com
`
`ATTORNEYS FOR PLAINTIFF
`TEXTRON INNOVATIONS INC.
`
`5
`
`Page 5 of 7
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing is being served on all counsel of record who consent to
`
`electronic service on this the 1st day of November 2021.
`
`By: /s/ Kevin J. Meek
`Kevin J. Meek
`
`
`
`
`
`
`
`John Palmer
`State Bar No. 15430600
`John A. “Andy” Powell
`State Bar No. 24029775
`USPTO Reg. No. 71,533
`Jacqueline P. Altman
`State Bar No. 24087010
`NAMAN HOWELL SMITH & LEE, PLLC
`400 Austin Ave., Suite 800
`Waco, Texas 76701
`Telephone: (254) 755-4100
`Facsimile: (254) 754-6331
`palmer@namanhowell.com
`powell@namanhowell.com
`jaltman@namanhowell.com
`
`Benjamin Schlesinger (pro hac vice to be filed)
`Robert High (pro hac vice to be filed)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`271 17th Street, NW, Suite 1400
`Atlanta, Georgia 30363
`Telephone: (404) 653-6400
`Facsimile: (404) 653-6444
`benjamin.schlesinger@finnegan.com
`robert.high@finnegan.com
`
`J. Michael Jakes (pro hac vice to be filed)
`Qingyu Yin (pro hac vice to be filed)
`Joshua Goldberg (pro hac vice to be filed)
`Sydney Kestle (pro hac vice to be filed)
`
`6
`
`Page 6 of 7
`
`
`
`
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue NW
`Washington, DC 20001
`Telephone: (202) 408-4000
`Facsimile: (202) 408-4400
`mike.jakes@finnegan.com
`qingyu.yin@finnegan.com
`joshua.goldberg@finnegan.com
`sydney.kestle@finnegan.com
`
`Jacob Schroeder (pro hac vice to be filed)
`Jinwoo Kim (pro hac vice to be filed)
`Yanyi Liu (pro hac vice to be filed)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`Stanford Research Park
`3300 Hillview Avenue, 2nd Floor
`Palo Alto, California 94304
`Telephone: (650) 849-6600
`Facsimile: (650) 849-6666
`jacob.schroeder@finnegan.com
`jinwoo.kim@finnegan.com
`yanyi.liu@finnegan.com
`
`Counsel for Defendants SZ DJI Technology Co., LTD.,
`DJI Europe B.V., and DJI Technology, Inc.
`
`
`
`
`7
`
`
`
`Page 7 of 7
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
