Case 6:21-cv-00680 Document 1 Filed 06/28/21 Page 1 of 20
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`FLEXIWORLD TECHNOLOGIES, INC.,
`
`v.
`
`ROKU INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 6:21-cv-0680
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`Patent Case
`
`Jury Trial Demanded
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Flexiworld Technologies, Inc., files this Original Complaint for patent
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`infringement against Roku Inc. alleging as follows:
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`NATURE OF THE SUIT
`
`1.
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`This is a claim for patent infringement arising under the patent laws of the United
`
`States, Title 35 of the United States Code.
`
`THE PARTIES
`
`2.
`
`Plaintiff Flexiworld Technologies, Inc. (“Plaintiff” or “Flexiworld”) is a
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`Washington corporation with its principal place of business at 2716 SE 169th Ave Q147,
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`Vancouver, WA.
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`3.
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`Defendant Roku Inc. (“Roku”) is a Delaware corporation with a principal place
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`of business located at 9606 N. Mopac Expressway, Suite 400, Austin, Texas 78759.
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States, 35 U.S.C. § 101, et
`
`seq. This Court’s jurisdiction over this action is proper under the above statutes, including 35
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`U.S.C. § 271, et seq., 28 U.S.C. § 1331 (federal question jurisdiction), and § 1338 (jurisdiction
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`over patent actions).
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`ORIGINAL COMPLAINT
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`5.
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`Roku is subject to personal jurisdiction in this Court. In particular, this Court has
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`personal jurisdiction over Roku because Roku has engaged in continuous, systematic, and
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`substantial activities within this State, including substantial marketing and sales of products within
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`this State and this District. Furthermore, upon information and belief, this Court has personal
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`jurisdiction over Roku because Roku has committed acts giving rise to Flexiworld’s claims for
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`patent infringement within and directed to this District.
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`6.
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`Upon information and belief, Roku has committed acts of infringement in this
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`District and has one or more regular and established places of business within this District under
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`the language of 28 U.S.C. § 1400(b). Thus, venue is proper in this District under 28 U.S.C.
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`§ 1400(b).
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`7.
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`Roku maintains a permanent physical presence within the Western District of
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`Texas, conducting business from at least its location 9606 N. Mopac Expressway, Suite 400,
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`Austin, Texas 78759.
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`8.
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`Upon information and belief, Roku has conducted and does conduct substantial
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`business in this forum, directly and/or through subsidiaries, agents, representatives, or
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`intermediaries, such substantial business including but not limited to: (i) at least a portion of the
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`infringements alleged herein; (ii) purposefully and voluntarily placing one or more infringing
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`products into the stream of commerce with the expectation that they will be purchased by
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`consumers in this forum; or (iii) regularly doing or soliciting business, engaging in other persistent
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`courses of conduct, or deriving substantial revenue from goods and services provided to
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`individuals in Texas and in this judicial district.
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`9.
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`Venue is proper in the Western District of Texas pursuant to 28 U.S.C. §1391 and
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`28 U.S.C. § 1400(b).
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`ORIGINAL COMPLAINT
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`FLEXIWORLD AND THE PATENTS-IN-SUIT
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`10.
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`Flexiworld is a pioneer and leading innovator in the field of pervasive wireless
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`technologies.
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`11.
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`Flexiworld was founded by American scientist and inventor William Ho Chang and
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`is an innovator engaged in research and development of technologies for wireless applications and
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`embedded solutions in short-range wireless (e.g., Bluetooth, Wi-Fi) and mobile device markets.
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`12.
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`Flexiworld has significantly contributed to the innovation of wireless devices such
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`as mobile phones, notebooks, PDAs, digital cameras, wireless television, wireless printers, and
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`wireless audio devices, etc.
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`13.
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`Flexiworld was voted the best early-stage company in the Pacific Northwest in
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`2002 and Flexiworld’s business plan was also voted, consecutively, as the top 2 among the “Ten
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`Best” in 2002 and in 2003 by the Business Journal in Silicon Valley, USA.
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`14.
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`Flexiworld’s innovative work and results have been widely recognized in the
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`industry. The company’s patents have been repeatedly forward cited by major technology
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`companies worldwide, including by Roku.
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`15.
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`Flexiworld develops wireless applications and embedded solutions for the short-
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`range wireless and mobile device market.
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`16. William H. Chang, one of the named co-inventors on the Patents-in-Suit, is the
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`founder and President of Flexiworld. Mr. Chang has been granted over 88 United States patents
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`and over 100 patents worldwide on his inventions.
`
`17.
`
`Christina Ying Liu, one of the named co-inventors on the Patents-in-suit, is a
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`Flexiworld shareholder. Ms. Liu has been granted over 65 United States patents and over 75
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`patents worldwide on her inventions.
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`ORIGINAL COMPLAINT
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`18.
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`This cause of action asserts infringement of United States Patent Nos. 9,042,811
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`(“the ’811 Patent”), 9,836,259 (“the ’259 Patent”), 9,965,233 (“the ’233 Patent”), 10,140,073 (“the
`
`’073 Patent”), 10,768,871 (“the ’871 Patent”) and 11,029,903 (“the ’903 Patent”) (collectively, the
`
`“Patents-in-Suit”).
`
`The ʼ811 Patent
`
`19.
`
`The ’811 Patent, entitled “Specification of Smart Wireless Television for
`
`Rendering Digital Content,” duly and legally issued on May 26, 2015, from U.S. Patent
`
`Application No. 12/764,032, filed on April 20, 2010, naming William Ho Chang and Christina
`
`Ying Liu as the inventors. A true and correct copy of the ’811 Patent is attached hereto as Exhibit
`
`1 and is incorporated by reference.
`
`20.
`
`21.
`
`The ’811 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’811 Patent.
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`22.
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`An assignment of the ’811 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 029112/0430.
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`23.
`
`Flexiworld has standing to sue for infringement of the ’811 Patent.
`
`The ʼ259 Patent
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`24.
`
`The ’259 Patent, entitled “Televisions, Output Controllers, or Speakers That Are
`
`Setup to Wirelessly Connect to a Network and to Receive Digital Content from a Digital Content
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`Service Over the Network,” duly and legally issued on December 5, 2017, from U.S. Patent
`
`Application No. 15/359,147, filed on November 22, 2016, naming William Ho Chang and
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`Christina Ying Liu as the inventors. A true and correct copy of the ’259 Patent is attached hereto
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`as Exhibit 2 and is incorporated by reference.
`
`25.
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`The ’259 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
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`ORIGINAL COMPLAINT
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`26.
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`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’259 Patent.
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`27.
`
`An assignment of the ’259 Patent from inventors Chang and Liu to Flexiworld is
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`recorded at the PTO at 042385/0202.
`
`28.
`
`Flexiworld has standing to sue for infringement of the ’259 Patent.
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`The ʼ233 Patent
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`29.
`
`The ’233 Patent, entitled “Digital Content Services or Stores Over the Internet That
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`Transmit or Stream Protected or Encrypted Digital Content to Connected Devices and
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`Applications That Access the Digital Content Services or Stores,” duly and legally issued on May
`
`8, 2018, from U.S. Patent Application No. 09/992,413, filed on November 18, 2001, naming
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`William Ho Chang and Christina Ying Liu as the inventors. A true and correct copy of the ’233
`
`Patent is attached hereto as Exhibit 3 and is incorporated by reference.
`
`30.
`
`31.
`
`The ’233 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’233 Patent.
`
`32.
`
`An assignment of the ’233 Patent from inventors Chang and Liu to Flexiworld is
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`recorded at the PTO at Reel/Frame 012325/0362.
`
`33.
`
`Flexiworld has standing to sue for infringement of the ’233 Patent.
`
`The ʼ073 Patent
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`34.
`
`The ’073 Patent, entitled “Wireless Devices That Establish a Wireless Connection
`
`With a Mobile Information Apparatus by Wirelessly Detecting Within Physical Proximity, the
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`Mobile Information Apparatus,” duly and legally issued on November 27, 2018, from U.S. Patent
`
`Application No. 15/627,197, filed on June 19, 2017, naming William Ho Chang and Christina
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`ORIGINAL COMPLAINT
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`Ying Liu as the inventors. A true and correct copy of the ’073 Patent is attached hereto as Exhibit
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`4 and is incorporated by reference.
`
`35.
`
`36.
`
`The ’073 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’073 Patent.
`
`37.
`
`An assignment of the ’073 Patent from inventors Chang and Liu to Flexiworld is
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`recorded at the PTO at Reel/Frame 043035/0229.
`
`38.
`
`Flexiworld has standing to sue for infringement of the ’073 Patent.
`
`The ʼ871 Patent
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`39.
`
`The ’871 Patent, entitled “Wireless Output Devices or Wireless Controllers for
`
`Establishing Wireless Connectivity and for Receiving Digital Content” duly and legally issued on
`
`September 8, 2020, from U.S. Patent Application No. 16/051,371, filed on July 31, 2018, naming
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`William Ho Chang and Christina Ying Liu as the inventors. A true and correct copy of the ’871
`
`Patent is attached hereto as Exhibit 5 and is incorporated by reference.
`
`40.
`
`41.
`
`The ’871 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’871 Patent.
`
`42.
`
`An assignment of the ’871 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 046519/0535.
`
`43.
`
`Flexiworld has standing to sue for infringement of the ’871 Patent.
`
`The ʼ903 Patent
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`44.
`
`The ’903 Patent, entitled “Output Systems, such as Television Controllers,
`
`Televisions, Display Devices, or Audio Output Devices, Operable for Playing Digital Content
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`ORIGINAL COMPLAINT
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`Wirelessly Received Either From a Digital Content Service Over the Internet or Wirelessly
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`Received From a Client Device That Is In the Same Network As the Output System” duly and
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`legally issued on June 8, 2021, from U.S. Patent Application No. 16/696,989, filed on November
`
`26, 2019 naming William Ho Chang and Christina Ying Liu as the inventors. A true and correct
`
`copy of the ’903 Patent is attached hereto as Exhibit 6 and is incorporated by reference.
`
`45.
`
`46.
`
`The ’903 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’903 Patent.
`
`47.
`
`An assignment of the ’903 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 045907/0890.
`
`48.
`
`49.
`
`Flexiworld has standing to sue for infringement of the ’903 Patent.
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`On information and belief, with respect to each Patent-in-Suit Flexiworld has
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`complied with the requirements of 35 U.S.C. § 287.
`
`50.
`
`51.
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`Roku has not obtained a license to any of the Patents-in-Suit.
`
`Roku does not have Flexiworld’s permission to make, use, sell, offer to sell, or
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`import products that are covered by one or more claims of any of the Patents-in-Suit.
`
`52.
`
`Roku needs to obtain a license to the Patents-in-Suit and cease its ongoing
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`infringement of Flexiworld’s patent rights.
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`GENERAL ALLEGATIONS
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`53.
`
`Roku makes, uses, sells, offers to sell, and/or imports into the United States
`
`products, and/or engages in practices, as claimed in the Patents-in-Suit.
`
`54.
`
`Roku makes, uses, sells, offers to sell, and/or imports into the United States
`
`products that infringe, and/or engages in practices that infringe, at least one claim of one or more
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`ORIGINAL COMPLAINT
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`of the Patents-in-Suit, including but not limited to its Express, Express+, Premiere, Premiere+,
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`Streaming Stick, Streaming Stick+, Ultra, Ultra LT, Streambar, Streambar Pro, and Roku TV
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`products (hereinafter, collectively, “Roku Devices”) and/or Roku’s streaming services.
`
`55.
`
`Roku has infringed and continues to infringe (literally and/or under the doctrine of
`
`equivalents), directly, indirectly, and/or through subsidiaries, agents, representatives, or
`
`intermediaries, one or more claims of each of the Patents-in-Suit by making, using, importing,
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`testing, supplying, causing to be supplied, selling, and/or offering for sale in the United States its
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`Roku Devices.
`
`56.
`
`Roku’s customers have directly infringed and continue to directly infringe the
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`Patents-in-Suit by using the Roku Devices purchased from Roku. Through its product manuals
`
`and/or sales and marketing activities, Roku solicits, instructs, encourages, and aids and abets its
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`customers to purchase and use the Roku Devices in an infringing way.
`
`57.
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`Roku makes, uses, sells, offers to sell, and/or imports into the United States a
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`computer readable medium, with at least part of a software program recorded therein, including
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`but not limited to computer readable recording mediums with one or more versions of Roku’s TV
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`operating system (hereinafter “Roku TV OS”). On information and belief, Roku licenses and
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`supplies Roku TV OS to customers for use in televisions, which Roku’s customers make, use, sell,
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`offer for sale, and/or import into the United States. Such televisions include televisions made,
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`used, sold, offered for sale, and/or imported into the United States by Roku customers under the
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`TCL, Hisense, Philips, Sanyo, Element, JVC, RCA, Hitachi, Magnavox, Westinghouse, Onn, and
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`InFocus brand names, and include but are not limited to the TCL 32S3750; TCL 40FS3750; TCL
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`32S325; TCL 32S327; TCL 32S321; TCL 40S327; TCL 43S327; TCL 32S335; TCL 55C807;
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`TCL 50S425; TCL 55S425; TCL 65S425; TCL 75R615; TCL 43S525; TCL 65S525; TCL
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`ORIGINAL COMPLAINT
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`75S425; TCL 75Q825; TCL 55S535; TCL 55R635; TCL 65S535; TCL 75S535; TCL 75R635;
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`TCL 43S433; TCL 50S435; TCL 55S433; TCL 65S433; TCL 85S435; TCL 85R745; Hisense
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`32H4F; Hisense 40H4030F1; Hisense 43H4; Hisense 32H4F5; Hisense 40H4; Hisense 55R8F5;
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`Hisense 65R68F5; Hisense 55R6G; Hisense 55R6090G5; Philips 32PFL4664/F7; Philips
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`32PFL4664/F7; Philips 32PFL4764F7; Philips 55PFL4864/F7; Philips 55PFL4864/F7; Sanyo
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`FW32R19F; Sanyo FW55R70F; Sanyo FW65R70F; Element E2AA40R-G; Element E2AA40R-
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`T; Element E4AA43R-G; Element E1AA32R-G; JVC LT-70MAW795; Element E1AA24R; JVC
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`50MAW595; JVC LT-40MAW305; JVC LT-55MAW595; JVC LT-40MAR305; JVC LT-
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`58MAR595; JVC 58MAW595; JVC LT-43MAW595; JVC LT-32MAW205; JVC LT-
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`49MAW598; JVC LT-70MAW795; JVC LT-65MAW595; JVC LT-32MAW388; RCA
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`RTR4060-W; RCA RTRU5027-W; RCA RTRU5527-W; RCA RTR3260-W; RCA RTRU6527-
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`US; RCA RTR4360-W; RCA RTRQ6522-US; RCA RTRQ5522-US; Hitachi 43R51; Hitachi
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`40RC53; Hitachi 32RC23; Hitachi 32R21; Magnavox 65MV379R/F7; Magnavox 55MV379R/F7;
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`Magnavox 50MV349/F7; Magnavox 43MV349R/F7; Magnavox 32MV319R/F7; 24" HD onn.
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`Roku TV; 32" HD onn. Roku TV; 65" 4K UHD onn. Roku TV (100012587); 70" 4K UHD onn.
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`Roku TV (100012588); 65" 4K UHD TCL Roku TV (65S435); 75" 4K UHD TCL Roku TV
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`(75S435); RCA RTR4360-W; Westinghouse WR42FX2002; Westinghouse WR55UT4019;
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`Westinghouse WR65UT4019; Westinghouse WR58UX4019; Westinghouse WR75UX4200; onn.
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`32" Class HD (720P) Roku Smart LED TV (100012589); onn. 65" Class 4K (2160p) UHD LED
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`Roku Smart TV HDR (100012587); onn. 43" Class 4K UHD LED Roku Smart TV HDR
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`(100012584); onn. 70 Class 4K UHD (2160P) LED Roku Smart TV HDR (100012588); onn. 50"
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`Class 4K (2160P) Roku Smart LED TV (100012585); onn. 24" Class 720P HD LED Roku Smart
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`TV (100012590); onn. 55 Class 4K UHD (2160P) LED Roku Smart TV HDR (100012586); onn.
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`ORIGINAL COMPLAINT
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`50" Class 4K UHD HDR10 Roku Smart LED TV (100005396); onn. 50" Class 4K UHD HDR10
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`Roku Smart LED TV (100007147); onn. 50" Class 4K(2160P) UHD HDR10 Roku Smart LED
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`TV (100005843); onn. 40" Class FHD (1080P) Roku Smart LED TV; onn. 60" Class 4K UHD
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`HDR Roku Smart LED TV (100024699); onn. 50" Class 4K UHD LED Roku Smart TV
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`100021258; onn. 58" Class 4K Ultra HD (2160P) HDR10 Roku Smart LED TV; and InFocus
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`IN45FA40PR televisions (hereinafter, collectively, “Roku TV Products”).
`
`58.
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`Roku has infringed and continues to infringe (literally and/or under the doctrine of
`
`equivalents), directly, indirectly, and/or through subsidiaries, agents, representatives, or
`
`intermediaries, one or more claims of each of the Patents-in-Suit by making, using, importing,
`
`testing, supplying, causing to be supplied, selling, and/or offering for sale in the United States the
`
`Roku TV Products.
`
`59.
`
`Roku’s customers have directly infringed and continue to directly infringe the
`
`Patents-in-Suit by making, using, selling, offering for sale, and/or importing the Roku TV Products
`
`using the Roku TV OS. In addition, customers who purchase the Roku TV Products have directly
`
`infringed and continue to directly infringe the Patents-in-Suit by using the Roku TV Products.
`
`Through its product manuals and/or sales and marketing activities, Roku solicits, instructs,
`
`encourages, and aids and abets its customers to purchase and use the Roku TV Products in an
`
`infringing way.
`
`60.
`
`61.
`
`Roku has knowledge of the Patents-in-Suit at least as of service of this lawsuit.
`
`Roku’s ongoing actions are with specific intent to cause infringement of one or
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`more claims of each of the Patents-in-Suit.
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`ORIGINAL COMPLAINT
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`62.
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`Further discovery may reveal earlier knowledge of one or more of the Patents-in-
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`Suit, which would provide additional evidence of Roku’s specific intent and/or willful blindness
`
`with respect to infringement.
`
`63.
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`Flexiworld has been and continues to be damaged as a result of Roku’s infringing
`
`conduct. Roku is therefore liable to Flexiworld in an amount that adequately compensates
`
`Flexiworld for Roku’s infringement, which, by law, cannot be less than a reasonable royalty,
`
`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`64.
`
`Roku markets and sells other products that are not covered by the claims of the
`
`Patents-in-Suit but that are sold with or in conjunction with the Roku Devices, Roku TV Products,
`
`and Roku streaming services. Accordingly, Flexiworld is entitled to collect damages from Roku
`
`for convoyed sales of certain non-patented items.
`
`65.
`
`Roku failed to obtain permission from Flexiworld to make, use, sell, offer to sell,
`
`or import products incorporating the inventions claimed in the Patents-in-Suit including, but not
`
`limited to, the Roku Devices and/or the Roku TV Products.
`
`66.
`
`Attached hereto are Exhibits 7-12, and incorporated herein by reference, are
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`representative claim charts detailing how the exemplar Roku Devices, Roku TV Products, and/or
`
`Roku streaming services have, and continue to, infringe one or more claims of the Patents-in-Suit.
`
`67.
`
`For each count of infringement listed below, Flexiworld incorporates and re-states
`
`the allegations contained in the preceding paragraphs above, including these General Allegations,
`
`as if fully set forth in each count of infringement.
`
`COUNT I – INFRINGEMENT OF THE ’811 PATENT
`
`68.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 67.
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`ORIGINAL COMPLAINT
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`69.
`
`Roku has and continues to directly infringe one or more claims of the ’811 Patent,
`
`including, for example, claim 9, in violation of 35 U.S.C. § 271(a) by making, using, selling,
`
`offering for sale, and/or importing into the United States infringing products including, but not
`
`limited to, the Roku TV Products.
`
`70.
`
`An exemplary claim chart demonstrating Roku’s infringement of the ’811 Patent,
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`as well as Roku’s customers’ infringement of the ʼ811 patent, which is induced by Roku, is
`
`attached as Exhibit 7 and incorporated herein by reference.
`
`71.
`
`Additionally, Roku is indirectly infringing the ’811 Patent in violation of 35 U.S.C.
`
`§ 271(b) at least by inducing customers to make, use, sell, offer for sale, and/or import into the
`
`United States the Roku TV Products, by inducing customers to purchase the Roku TV Products,
`
`and/or by instructing customers how to use the Roku TV Products in a way that directly infringes
`
`at least claim 9 of the ’811 Patent.
`
`72.
`
`Roku has had actual knowledge of the ’811 Patent since at least receipt of service
`
`of this Complaint.
`
`73.
`
`On information and belief, Roku’s ongoing actions represent a specific intent to
`
`induce infringement of at least claim 9 of the ’811 Patent. For example, Roku offers its
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`customers extensive customer support and instructions, including instructional videos and
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`webpages, that instruct and encourage its customers to infringe the ʼ811 Patent via at least their
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`use of the Roku TV Products. See, e.g., https://www.roku.com/products/roku-tv;
`
`https://www.roku.com/products/roku-tv/ease-of-use; https://www.roku.com/products/roku-
`
`tv/features; https://support.roku.com/category/200889378;
`
`https://support.roku.com/category/115001360548; see also Exhibit 7 and materials cited therein.
`
`ORIGINAL COMPLAINT
`
`Page 12 of 20
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`Case 6:21-cv-00680 Document 1 Filed 06/28/21 Page 13 of 20
`
`74.
`
`As a result of Roku’s infringement of the ’811 Patent, Flexiworld has suffered and
`
`is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C. § 284,
`
`but in no event less than a reasonable royalty.
`
`COUNT II – INFRINGEMENT OF THE ’259 PATENT
`
`75.
`
`76.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 67.
`
`Roku has and continues to directly infringe one or more claims of the ’259 Patent,
`
`including, for example, claim 1, in violation of 35 U.S.C. § 271(a) by making, using, selling,
`
`offering for sale, and/or importing into the United States infringing products including, but not
`
`limited to, the Roku Devices and/or the Roku TV Products.
`
`77.
`
`An exemplary claim chart demonstrating Roku’s infringement of the ’259 Patent,
`
`as well as Roku’s customers’ infringement of the ʼ259 patent, which is induced by Roku, is
`
`attached as Exhibit 8 and incorporated herein by reference.
`
`78.
`
`Additionally, Roku is indirectly infringing the ’259 Patent in violation of 35 U.S.C.
`
`§ 271(b) at least by inducing customers to purchase the Roku Devices, by inducing customers to
`
`make, use, sell, offer for sale, and/or import into the United States the Roku TV Products, by
`
`inducing customers to purchase the Roku TV Products, and/or by instructing customers how to
`
`use the Roku Devices and/or the Roku TV Products in a way that directly infringes at least claim
`
`1 of the ’259 Patent.
`
`79.
`
`Roku has had actual knowledge of the ’259 Patent since at least receipt of service
`
`of this Complaint.
`
`80.
`
`On information and belief, Roku’s ongoing actions represent a specific intent to
`
`induce infringement of at least claim 1 of the ’259 Patent. For example, Roku offers its
`
`customers extensive customer support and instructions, including instructional videos and
`
`webpages, that instruct and encourage its customers to infringe the ʼ259 Patent via at least their
`
`ORIGINAL COMPLAINT
`
`Page 13 of 20
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`Case 6:21-cv-00680 Document 1 Filed 06/28/21 Page 14 of 20
`
`use of the Roku Devices and/or Roku TV Products. See, e.g.,
`
`https://www.roku.com/products/players; https://www.roku.com/how-it-works;
`
`https://support.roku.com/article/208754888; https://www.roku.com/products/roku-tv;
`
`https://www.roku.com/products/roku-tv/ease-of-use; https://www.roku.com/products/roku-
`
`tv/features; https://support.roku.com/category/200889378;
`
`https://support.roku.com/category/115001360548; see also Exhibit 8 and materials cited therein.
`
`81.
`
`As a result of Roku’s infringement of the ’259 Patent, Flexiworld has suffered and
`
`is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C. § 284,
`
`but in no event less than a reasonable royalty.
`
`COUNT III – INFRINGEMENT OF THE ’233 PATENT
`
`82.
`
`83.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 67.
`
`Roku has and continues to directly infringe one or more claims of the ’233 Patent,
`
`including, for example, claim 1, in violation of 35 U.S.C. § 271(a) by performing, engaging in,
`
`and otherwise offerings its Roku streaming services.
`
`84.
`
`On information and belief, to the extent one or more claimed method steps are
`
`performed by a third-party other than Roku, said step is performed pursuant to a contractual
`
`obligation and/or pursuant to Roku’s direction and/or control.
`
`85.
`
`An exemplary claim chart demonstrating Roku’s infringement of the ’233 Patent,
`
`as well as the infringement of other streaming content providers, which is induced by Roku, is
`
`attached as Exhibit 9 and incorporated herein by reference.
`
`86.
`
`Additionally, Roku is indirectly infringing the ’233 Patent in violation of 35 U.S.C.
`
`§ 271(b) at least by inducing other streaming service content providers such as Netflix, Hulu, etc.,
`
`to practice the method claimed by at least claim 1 of the ʼ233 patent.
`
`ORIGINAL COMPLAINT
`
`Page 14 of 20
`
`ROKU 1011
`
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`

`Case 6:21-cv-00680 Document 1 Filed 06/28/21 Page 15 of 20
`
`87.
`
`Roku has had actual knowledge of the ’233 Patent since at least receipt of service
`
`of this Complaint.
`
`88.
`
`On information and belief, Roku’s ongoing actions represent a specific intent to
`
`induce infringement of at least claim 1 of the ’233 Patent. For example, Roku, via the content
`
`offered through its Roku Devices and Roku TV Products, induces other streaming service
`
`content providers, such as Netflix, Hulu, etc., to practice the method claimed by at least claim 1
`
`of the ʼ233 patent. See, e.g., https://www.roku.com/products/players;
`
`https://www.roku.com/how-it-works; https://support.roku.com/article/208754888;
`
`https://www.roku.com/products/roku-tv; https://www.roku.com/products/roku-tv/ease-of-use;
`
`https://www.roku.com/products/roku-tv/features; https://support.roku.com/category/200889378;
`
`https://support.roku.com/category/115001360548; see also Exhibit 9 and materials cited therein.
`
`89.
`
`As a result of Roku’s infringement of the ’233 Patent, Flexiworld has suffered and
`
`is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C. § 284,
`
`but in no event less than a reasonable royalty.
`
`COUNT IV – INFRINGEMENT OF THE ’073 PATENT
`
`90.
`
`91.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 67.
`
`Roku has and continues to directly infringe one or more claims of the ’073 Patent,
`
`including, for example, claim 8, in violation of 35 U.S.C. § 271(a) by making, using, selling,
`
`offering for sale, and/or importing into the United States infringing products including, but not
`
`limited to, the Roku Devices and/or the Roku TV Products.
`
`92.
`
`An exemplary claim chart demonstrating Roku’s infringement of the ’073 Patent,
`
`as well as Roku’s customers’ infringement of the ʼ073 Patent, which is induced by Roku, is
`
`attached as Exhibit 10 and incorporated herein by reference.
`
`ORIGINAL COMPLAINT
`
`Page 15 of 20
`
`ROKU 1011
`
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`

`Case 6:21-cv-00680 Document 1 Filed 06/28/21 Page 16 of 20
`
`93.
`
`Additionally, Roku is indirectly infringing the ’073 Patent in violation of 35 U.S.C.
`
`§ 271(b) at least by inducing customers to purchase the Roku Devices, by inducing customers to
`
`make, use, sell, offer for sale, and/or import into the United States the Roku TV Products, by
`
`inducing customers to purchase the Roku TV Products, and/or by instructing customers how to
`
`use the Roku Devices and/or the Roku TV Products in a way that directly infringes at least claim
`
`8 of the ’073 Patent.
`
`94.
`
`Roku has had actual knowledge of the ’073 Patent since at least receipt of service
`
`of this Complaint.
`
`95.
`
`On information and belief, Roku’s ongoing actions represent a specific intent to
`
`induce infringement of at least claim 8 of the ’073 Patent. For example, Roku offers its
`
`customers extensive customer support and instructions, including instructional videos and
`
`webpages, that instruct and encourage its customers to infringe the ʼ073 Patent via at least their
`
`use of the Roku Devices and/or Roku TV Products. See, e.g.,
`
`https://www.roku.com/products/players; https://www.roku.com/how-it-works;
`
`https://support.roku.com/article/208754888; https://www.roku.com/products/roku-tv;
`
`https://www.roku.com/products/roku-tv/ease-of-use; https://www.roku.com/products/roku-
`
`tv/features; https://support.roku.com/category/200889378;
`
`https://support.roku.com/category/115001360548; see also Exhibit 10 and materials cited
`
`therein.
`
`96.
`
`As a result of Roku’s infringement of the ’073 Patent, Flexiworld has suffered and
`
`is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C. § 284,
`
`but in no event less than a reasonable royalty.
`
`ORIGINAL COMPLAINT
`
`Page 16 of 20
`
`ROKU 1011
`
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`Case 6:21-cv-00680 Document 1 Filed 06/28/21 Page 17 of 20
`
`COUNT V – INFRINGEMENT OF THE ’871 PATENT
`
`97.
`
`98.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 67.
`
`Roku has and continues to directly infringe one or more claims of the ’871 Patent,
`
`including, for example, claim 15, in violation of 35 U.S.C. § 271(a) by making, using, selling,
`
`offering for sale, and/or importing into the United States infringing products including, but not
`
`limited to, the Roku Devices and/or the Roku TV Products.
`
`99.
`
`An exemplary claim chart demonstrating Roku’s infringement of the ’871 Patent,
`
`as well as Roku’s customers’ infringement of the ʼ871 Patent, which is induced by Roku, is
`
`attached as Exhibit 11 and incorporated herein by reference.
`
`100. Additionally, Roku is indirectly infringing the ’871 Patent in violation of 35 U.S.C.
`
`§ 271(b) at least by inducing customers to purchase the Roku Devices, by inducing customers to
`
`make, use, sell, offer for sale, and/or import into the United States the Roku TV Products, by
`
`inducing customers to purchase the Roku TV Products, and/or by instructing customers how to
`
`use the Roku Devices and/or the Roku TV Products in a way that directly infringes at least claim
`
`15 of the ’871 Patent.
`
`101. Roku has had actual knowledge of the ’871 Patent since at least receipt of service
`
`of this Complaint.
`
`102. On information and belief, Roku’s ongoing actions represent a specific intent to
`
`induce infringement of at least claim 15 of the ’871 Patent. For example, Roku offers its
`
`customers extensive customer support and instructions, including instructional videos and
`
`webpages, that instruct and encourage its customers to infringe the ʼ871 Patent via at least their
`
`use of the Roku Devices and/or Roku TV Products. See, e.g.,
`
`https://www.roku.com/products/players; https://www.roku.com/how-it-works;
`
`https://support.roku.com/article/208754888; https://www.roku.com/products/roku-tv;
`
`ORIGINAL COMPLAINT
`
`Page 17 of 20
`
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`Case 6:21-cv-00680 Document 1 Filed 06/28/21 Page 18 of 20
`
`https://www.roku.com/products/roku-tv/ease-of-use; https://www.roku.com/products/roku-
`
`tv/features; https://support.roku.com/category/200889378;
`
`https://support.roku.com/category/115001360548; see also Exhibit 11 and materials cited
`
`therein.
`
`103. As a result of Roku’s infringement of the ’871 Patent, Flexiworld has suffered and
`
`is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C. § 284,
`
`but in no event less than a reasonable royalty.
`
`COU