Case 6:22-cv-00224-ADA Document 1 Filed 03/01/22 Page 1 of 5
`
`
`
`WEPAY GLOBAL PAYMENTS LLC,
`
`
` Plaintiff,
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`CASE NO.: 6:22-cv-00224
`
`
`JURY TRIAL DEMANDED
`
`v.
`
`
`TESLA, INC.,
`
`
` Defendant.
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Wepay Global Payments LLC (“Wepay” or “Plaintiff”) brings this patent-infringement
`
`action against Tesla, Inc. (“Tesla” or “Defendant”).
`
`Parties
`
`1.
`
`Plaintiff Wepay is a Delaware limited liability company with its principal business
`
`address at 221 N. Broad Street, Suite 3A, Middletown DE, 19709.
`
`2.
`
` Upon information and belief, Defendant is a Delaware corporation, with
`
`established offices at 11600 Century Oaks Terrace, Suite 130, Austin, Texas 78758.
`
`Jurisdiction and Venue
`
`3.
`
`This lawsuit is a civil action for patent infringement arising under the patent laws
`
`of the United States, 35 U.S.C. § 271, et seq. The Court has subject-matter jurisdiction pursuant to
`
`28 U.S.C. §§ 1331, 1332, 1338(a), and 1367.
`
`4.
`
`This Court has personal jurisdiction over Tesla because Tesla has committed acts
`
`giving rise to this action within Texas and within this District. Defendant regularly does business
`
`Samsung, Exh. 1066, p. 1
`
`

`

`Case 6:22-cv-00224-ADA Document 1 Filed 03/01/22 Page 2 of 5
`
`or solicits business in this District and in Texas, engages in other persistent courses of conduct and
`
`derives substantial revenue from products and services provided in this District and in Texas, and
`
`have purposefully established substantial, systematic, and continuous contacts within this District
`
`and should reasonably expect to be sued in a court in this District. For example, Tesla has offices
`
`within this District. The Tesla car products with the accused infringing GUI design are sold and
`
`distributed to consumers in this District and in Texas. Given these contacts, the Court’s exercise
`
`of jurisdiction over Tesla will not offend traditional notions of fair play and substantial justice.
`
`5.
`
`Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§ 1391(b),
`
`(c) and l400(b) because Tesla has regular and established places of business in this District, has
`
`committed acts within this District giving rise to this action, and continues to conduct business in
`
`this District, including multiple acts of making, selling, using, and offering for sale infringing
`
`products in this District.
`
`The Patent-In-Suit
`
`7.
`
`Wepay is the exclusive owner of United States Patent No. D930,702 (the “’702
`
`Patent”) entitled, “Display screen portion with animated graphical user interface” and was duly
`
`and legally issued in accordance with 35 U.S.C. § 171 by the U.S. Patent and Trademark Office
`
`on September 14, 2021, attached hereto as “Exhibit A.”
`
`8.
`
`The ’702 Patent claim is valid and enforceable and directed to a unique ornamental
`
`design for a display screen portion with animated graphic user interface as shown and described.
`
`9.
`
`Tesla has not obtained permission from Wepay to use the ornamental design of the
`
`’702 Patent.
`
`10.
`
`Attached hereto as “Exhibit B” and incorporated into this complaint as alleged
`
`herein a side-by-side claim chart setting forth an ornamental design element comparison of the
`
`
`
`
`
`2
`
`Samsung, Exh. 1066, p. 2
`
`

`

`Case 6:22-cv-00224-ADA Document 1 Filed 03/01/22 Page 3 of 5
`
`second embodiment of the ’702 Patent’s design and the accused display screen portion articles
`
`made by Tesla. The known products infringing the patented design are the Tesla motor vehicle
`
`GUI head-unit in the Model S, 3, X, Y, Roadster, Cybertruck and other developing vehicle
`
`products.
`
`Count I - Infringement of U.S. Patent No. D857,702
`
`11. Wepay reasserts and incorporates by reference (Exhibit B, pages 2-4) the preceding
`
`paragraphs of this Complaint as fully set forth herein.
`
`12.
`
`Tesla has infringed and continues to infringe the second embodiment of the ’702
`
`Patent by making, using, distributing, offering to sell and/or selling in the United States the Tesla
`
`vehicle products, which embody the GUI design covered by the ’702 Patent. Tesla infringing
`
`activities violate 35 U.S.C. § 271.
`
`Count II - Infringement of U.S. Patent No. D857,702
`
`13. Wepay reasserts and incorporates by reference (Exhibit B, pages 6-8) the preceding
`
`paragraphs of this Complaint as fully set forth herein.
`
`14.
`
`Tesla has infringed and continues to infringe the second embodiment of the ’702
`
`Patent by making, using, distributing, offering to sell and/or selling in the United States the Tesla
`
`vehicle products, which embody the GUI design covered by the ’702 Patent. Tesla infringing
`
`activities violate 35 U.S.C. § 271.
`
`
`
`
`
`13. Wepay sustains damages as a direct result of Tesla’s infringement of the ’702 Patent.
`
`Damages
`
`
`
`3
`
`Samsung, Exh. 1066, p. 3
`
`

`

`Case 6:22-cv-00224-ADA Document 1 Filed 03/01/22 Page 4 of 5
`
`14. As a consequence of Tesla’s present, continued, and future infringement of the ’702
`
`Patent, Wepay is entitled to damages recovery for its infringement of the ’702 Patent on a forward-
`
`going basis.
`
`Prayer for Relief
`
`WHEREFORE, WEPAY GLOBAL PAYMENTS LLC prays for the following relief
`
`against TESLA, Inc.:
`
`(a)
`
`judgment that TESLA has infringed the second and first embodiment claims of the
`
`Asserted Patent, directly and/or indirectly, literally and/or under the standards of
`
`substantial similarity;
`
`(b)
`
`awarding the Plaintiff, the greater damages amount for Defendant’s infringement
`
`under 35 U.S.C. § 284 or 35 U.S.C. § 289 per asserted count;
`
`(c)
`
`post-judgement injunction relief for all products to discontinue the use, making,
`
`(d)
`
`(e)
`
`(f)
`
`selling, and export of products infringing the asserted design counts;
`
`awarding Plaintiff their costs and expenses incurred in this action;
`
`awarding Plaintiff prejudgment and post-judgment interest; and
`
`granting Plaintiff such further relief as the Court deems just and appropriate.
`
` Demand for Summary Judgment or Jury Trial
`
`
`
`WEPAY GLOBAL PAYMENTS LLC demands a Summary Judgment or trial by jury on
`
`all matters and issues triable by jury issues triable by jury.
`
`
`
`
`
`
`
`Date: March 1, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`/s/Artoush Ohanian_______
`H. Artoush Ohanian
`Texas Bar No.: 24013260
`artoush@ohanianip.com
`OHANIANIP
`604 West 13th Street
`
`4
`
`Samsung, Exh. 1066, p. 4
`
`

`

`Case 6:22-cv-00224-ADA Document 1 Filed 03/01/22 Page 5 of 5
`
`Austin, Texas 78701
`(512) 298.2005 (telephone & facsimile)
`
`Matthew M. Wawrzyn (application for pro hac vice
`admission forthcoming)
`matt@wawrzynlaw.com
`WAWRZYN LLC
`200 East Randolph Street, Suite 5100
`Chicago, IL 60601
`(312) 235-3120 (telephone)
`(312) 233-0063 (facsimile)
`
`Counsel for WEPAY GLOBAL PAYMENTS LLC
`
`
`
`
`
`
`5
`
`Samsung, Exh. 1066, p. 5
`
`