Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 1 of 15 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
` CIVIL ACTION NO. 2:15-cv-619
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`NONEND INVENTIONS, N.V.,
`
`
`Plaintiff,
`
`
`v.
`
`
`SHARP ELECTRONICS
`CORPORATION,
`
`
`Defendant.
`
`
`
`
`
`Plaintiff Nonend Inventions, N.V., (“Nonend”) files this complaint against
`
`the above-named defendant alleging, based on its own knowledge as to itself and
`
`its own actions, and based on information and belief as to all other matters, as
`
`follows:
`
`PARTIES
`
`1.
`
`Nonend is a limited liability company formed under the laws of the
`
`Netherlands with a principal place of business in Bilthoven, the Netherlands.
`
`2.
`
`Defendant Sharp Electronics Corporation (“Sharp”) is a corporation
`
`organized under the laws of New York with a principal place of business in
`
`Mahwah, NJ. It can be served through its resident agent for service of process in
`
`Texas: C T Corporation System; 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136.
`
`JURISDICTION AND VENUE
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
` CIVIL ACTION NO. 2:15-cv-619
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`NONEND INVENTIONS, N.V.,
`
`
`Plaintiff,
`
`
`v.
`
`
`SHARP ELECTRONICS
`CORPORATION,
`
`
`Defendant.
`
`
`
`
`
`Plaintiff Nonend Inventions, N.V., (“Nonend”) files this complaint against
`
`the above-named defendant alleging, based on its own knowledge as to itself and
`
`its own actions, and based on information and belief as to all other matters, as
`
`follows:
`
`PARTIES
`
`1.
`
`Nonend is a limited liability company formed under the laws of the
`
`Netherlands with a principal place of business in Bilthoven, the Netherlands.
`
`2.
`
`Defendant Sharp Electronics Corporation (“Sharp”) is a corporation
`
`organized under the laws of New York with a principal place of business in
`
`Mahwah, NJ. It can be served through its resident agent for service of process in
`
`Texas: C T Corporation System; 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136.
`
`JURISDICTION AND VENUE
`
`
`
`1
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 2 of 15 PageID #: 2
`
`3.
`
`This is an action for infringement of a United States patent arising
`
`under 35 U.S.C. §§ 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).
`
`4.
`
`Venue is proper in this district under 28 U.S.C. §§ 1391 and 1400(b).
`
`Upon information and belief, Sharp has transacted business in this district and has
`
`committed acts of patent infringement in this district.
`
`5.
`
`Sharp is subject to this Court’s specific and general personal
`
`jurisdiction under due process and/or the Texas Long Arm Statute due at least to
`
`defendant’s substantial business in this forum, including: (i) at least a portion of
`
`the infringements alleged herein; and (ii) regularly doing or soliciting business,
`
`engaging in other persistent courses of conduct, and/or deriving substantial revenue
`
`from goods and services provided to individuals in Texas and in this district.
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,090,862
`
`6.
`
`On January 3, 2012, United States Patent No. 8,090,862 (“the 862
`
`patent”) was duly and legally issued by the United States Patent and Trademark
`
`Office for an invention titled “Initiating An Alternative Channel For Receiving
`
`Streaming Content.”
`
`7.
`
`Nonend is the owner of the 862 patent with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action
`
`
`
`2
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 3 of 15 PageID #: 3
`
`and enforce the 862 patent against infringers, and to collect damages for all
`
`relevant times.
`
`8.
`
`Sharp made, had made, used, imported, provided, supplied,
`
`distributed, sold, and/or offered for sale products having the ability to receiving
`
`streaming content using both cellular and Wi-Fi functionality (including at least the
`
`AQUOS Crystal and its line of smartphone products, as well as its line of tablets
`
`that include cellular radios) (the “accused products”). By doing so, Sharp has
`
`directly infringed (literally and/or under the Doctrine of Equivalents) the 862
`
`Patent. Sharp’s infringement in this regard is ongoing.
`
`9.
`
`Sharp has also indirectly infringed the 862 Patent by inducing others
`
`to directly infringe the 862 Patent. Sharp has induced the end-users to directly
`
`infringe (literally and/or under the Doctrine of Equivalents) the 862 Patent by
`
`using the accused products. Sharp took active steps, directly and/or through
`
`contractual relationships with others, with the specific intent to cause them to use
`
`the accused products in a manner that infringes the 862 patent. Such steps by
`
`Sharp included, among other things, advising or directing customers and end-users
`
`to use the accused products in an infringing manner; advertising and promoting the
`
`use of the accused products in an infringing manner; and/or distributing
`
`instructions that guide users to use the accused products in an infringing manner.
`
`
`
`3
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 4 of 15 PageID #: 4
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`This induces end-users to use the accused products in a manner that infringes the
`
`862 Patent. Sharp’s inducement is ongoing.
`
`10. Sharp has also indirectly infringed by contributing to the infringement
`
`of the 862 Patent. Sharp has contributed to the direct infringement of the 862
`
`Patent by the end-user of the accused products. The accused products have special
`
`features that are specially designed to be used in an infringing way and that have
`
`no substantial uses other than ones that infringe the 862 Patent. The special
`
`features include the ability to switch between Wi-Fi and cellular data connections
`
`while receiving streamed content in a manner that infringes the 862 Patent. The
`
`special features constitute a material part of the invention of one or more of the
`
`claims of the 862 patent and are not staple articles of commerce suitable for
`
`substantial non-infringing use. Sharp’s contributory infringement is ongoing.
`
`11. Sharp has knowledge of the 862 Patent at least as of the date when it
`
`was notified of the filing of this action. Nonend disclosed its earliest US priority
`
`patent application to Sharp before the filing of this action. Furthermore, on
`
`information and belief, Sharp has a policy or practice of not reviewing the patents
`
`of others (including instructing its employees to not review the patents of others),
`
`and has thus remained willfully ignorant of Nonend’s patent rights. Sharp’s direct
`
`and indirect infringement of the 862 Patent has thus been with knowledge (or
`
`
`
`4
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 5 of 15 PageID #: 5
`
`willful ignorance) of the 862 Patent, making Sharp liable both for indirect
`
`infringement and willful infringement.
`
`12. Nonend has been damaged as a result of the infringing conduct by
`
`defendant alleged above. Thus, Sharp is liable to Nonend in an amount that
`
`adequately compensates it for such infringements, 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.
`
`13. Nonend and/or its predecessors-in-interest have satisfied all statutory
`
`obligations required to collect pre-filing damages for the full period allowed by
`
`law.
`
`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,590,752
`
`14. On September 15, 2009, United States Patent No. 7,590,752 (“the 752
`
`patent”) was duly and legally issued by the United States Patent and Trademark
`
`Office for an invention titled “Playing Media Content On A Media Player While
`
`Streaming The Retrieved Parts Of The Media Content To Other Devices.”
`
`15. Nonend is the owner of the 752 patent with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action
`
`and enforce the 752 patent against infringers, and to collect damages for all
`
`relevant times.
`
`
`
`5
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 6 of 15 PageID #: 6
`
`16. Sharp made, had made, used, imported, provided, supplied,
`
`distributed, sold, and/or offered for sale products having the ability to stream
`
`media in an infringing manner (including at least computers with Windows Media
`
`Player) (the “accused products”). By doing so, Sharp has directly infringed
`
`(literally and/or under the Doctrine of Equivalents) the 752 Patent. Sharp’s
`
`infringement in this regard is ongoing.
`
`17. Sharp has also indirectly infringed the 752 Patent by inducing others
`
`to directly infringe the 752 Patent. Sharp has induced the end-users to directly
`
`infringe (literally and/or under the Doctrine of Equivalents) the 752 Patent by
`
`using the accused products. Sharp took active steps, directly and/or through
`
`contractual relationships with others, with the specific intent to cause them to use
`
`the accused products in a manner that infringes the 752 patent. Such steps by
`
`Sharp included, among other things, advising or directing customers and end-users
`
`to use the accused products in an infringing manner; advertising and promoting the
`
`use of the accused products in an infringing manner; and/or distributing
`
`instructions that guide users to use the accused products in an infringing manner.
`
`This induces end-users to use the accused products in a manner that infringes the
`
`752 Patent. Sharp’s inducement is ongoing.
`
`18. Sharp has also indirectly infringed by contributing to the infringement
`
`of the 752 Patent. Sharp has contributed to the direct infringement of the 752
`
`
`
`6
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 7 of 15 PageID #: 7
`
`Patent by the end-user of the accused products. The accused products have special
`
`features that are specially designed to be used in an infringing way and that have
`
`no substantial uses other than ones that infringe the 752 Patent. The special
`
`features include the ability to stream content between the accused products in an
`
`infringing manner. The special features constitute a material part of the invention
`
`of one or more of the claims of the 752 patent and are not staple articles of
`
`commerce suitable for substantial non-infringing use. Sharp’s contributory
`
`infringement is ongoing.
`
`19. Sharp had knowledge of the 752 Patent before the filing of this action.
`
`Nonend disclosed its earliest US priority patent application to Sharp before the
`
`filing of this action. Sharp also has knowledge of the 752 Patent at least as of the
`
`date when it was notified of the filing of this action. Furthermore, on information
`
`and belief, Sharp has a policy or practice of not reviewing the patents of others
`
`(including instructing its employees to not review the patents of others), and has
`
`thus remained willfully ignorant of Nonend’s patent rights. Sharp’s direct and
`
`indirect infringement of the 752 Patent has thus been with knowledge (or willful
`
`ignorance) of the 752 Patent, making Sharp liable both for indirect infringement
`
`and willful infringement.
`
`20. Nonend has been damaged as a result of the infringing conduct by
`
`defendant alleged above. Thus, Sharp is liable to Nonend in an amount that
`
`
`
`7
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 8 of 15 PageID #: 8
`
`adequately compensates it for such infringements, 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.
`
`21. Nonend and/or its predecessors-in-interest have satisfied all statutory
`
`obligations required to collect pre-filing damages for the full period allowed by
`
`law.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 7,779,138
`
`22. On August 17, 2010, United States Patent No. 7,779,138 (“the 138
`
`patent”) was duly and legally issued by the United States Patent and Trademark
`
`Office for an invention titled “Streaming Content Between Media Players
`
`Configured To Locate Each Other.”
`
`23. Nonend is the owner of the 138 patent with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action
`
`and enforce the 138 patent against infringers, and to collect damages for all
`
`relevant times.
`
`24. Sharp made, had made, used, imported, provided, supplied,
`
`distributed, sold, and/or offered for sale products having the ability to stream
`
`content (including at least computers with Windows Media Player) (the “accused
`
`products”). By doing so, Sharp has directly infringed (literally and/or under the
`
`
`
`8
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 9 of 15 PageID #: 9
`
`Doctrine of Equivalents) the 138 Patent. Sharp’s infringement in this regard is
`
`ongoing.
`
`25. Sharp has also indirectly infringed the 138 Patent by inducing others
`
`to directly infringe the 138 Patent. Sharp has induced the end-users to directly
`
`infringe (literally and/or under the Doctrine of Equivalents) the 138 Patent by
`
`using the accused products. Sharp took active steps, directly and/or through
`
`contractual relationships with others, with the specific intent to cause them to use
`
`the accused products in a manner that infringes the 138 patent. Such steps by
`
`Sharp included, among other things, advising or directing customers and end-users
`
`to use the accused products in an infringing manner; advertising and promoting the
`
`use of the accused products in an infringing manner; and/or distributing
`
`instructions that guide users to use the accused products in an infringing manner.
`
`This induces end-users to use the accused products in a manner that infringes the
`
`138 Patent. Sharp’s inducement is ongoing.
`
`26. Sharp has also indirectly infringed by contributing to the infringement
`
`of the 138 Patent. Sharp has contributed to the direct infringement of the 138
`
`Patent by the end-user of the accused products. The accused products have special
`
`features that are specially designed to be used in an infringing way and that have
`
`no substantial uses other than ones that infringe the 138 Patent. The special
`
`features include the ability to stream content in a manner that infringes the 138
`
`
`
`9
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 10 of 15 PageID #: 10
`
`Patent. The special features constitute a material part of the invention of one or
`
`more of the claims of the 138 patent and are not staple articles of commerce
`
`suitable for substantial non-infringing use. Sharp’s contributory infringement is
`
`ongoing.
`
`27. Sharp had knowledge of the 138 Patent before the filing of this action.
`
`Nonend disclosed its earliest US priority patent application to Sharp before the
`
`filing of this action. Sharp also has knowledge of the 138 Patent at least as of the
`
`date when it was notified of the filing of this action. Furthermore, on information
`
`and belief, Sharp has a policy or practice of not reviewing the patents of others
`
`(including instructing its employees to not review the patents of others), and has
`
`thus remained willfully ignorant of Nonend’s patent rights. Sharp’s direct and
`
`indirect infringement of the 138 Patent has thus been with knowledge (or willful
`
`ignorance) of the 138 Patent, making Sharp liable both for indirect infringement
`
`and willful infringement.
`
`28. Nonend has been damaged as a result of the infringing conduct by
`
`defendant alleged above. Thus, Sharp is liable to Nonend in an amount that
`
`adequately compensates it for such infringements, 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.
`
`
`
`10
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 11 of 15 PageID #: 11
`
`29. Nonend and/or its predecessors-in-interest have satisfied all statutory
`
`obligations required to collect pre-filing damages for the full period allowed by
`
`law.
`
`COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 8,099,513
`
`30. On January 17, 2012, United States Patent No. 8,099,513 (“the 513
`
`patent”) was duly and legally issued by the United States Patent and Trademark
`
`Office for an invention titled “Streaming Content From One Or More Production
`
`Nodes Or Media Player Systems.”
`
`31. Nonend is the owner of the 513 patent with all substantive rights in
`
`and to that patent, including the sole and exclusive right to prosecute this action
`
`and enforce the 513 patent against infringers, and to collect damages for all
`
`relevant times.
`
`32. Sharp made, had made, used, imported, provided, supplied,
`
`distributed, sold, and/or offered for sale products having the ability to stream
`
`content (including at least computers with Windows Media Player) (the “accused
`
`products”). By doing so, Sharp has directly infringed (literally and/or under the
`
`Doctrine of Equivalents) the 513 Patent. Sharp’s infringement in this regard is
`
`ongoing.
`
`33. Sharp has also indirectly infringed the 513 Patent by inducing others
`
`to directly infringe the 513 Patent. Sharp has induced the end-users to directly
`
`
`
`11
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 12 of 15 PageID #: 12
`
`infringe (literally and/or under the Doctrine of Equivalents) the 513 Patent by
`
`using the accused products. Sharp took active steps, directly and/or through
`
`contractual relationships with others, with the specific intent to cause them to use
`
`the accused products in a manner that infringes the 513 patent. Such steps by
`
`Sharp included, among other things, advising or directing customers and end-users
`
`to use the accused products in an infringing manner; advertising and promoting the
`
`use of the accused products in an infringing manner; and/or distributing
`
`instructions that guide users to use the accused products in an infringing manner.
`
`This induces end-users to use the accused products in a manner that infringes the
`
`513 Patent. Sharp’s inducement is ongoing.
`
`34. Sharp has also indirectly infringed by contributing to the infringement
`
`of the 513 Patent. Sharp has contributed to the direct infringement of the 513
`
`Patent by the end-user of the accused products. The accused products have special
`
`features that are specially designed to be used in an infringing way and that have
`
`no substantial uses other than ones that infringe the 513 Patent. The special
`
`features include the ability to stream content in a manner that infringes the 513
`
`Patent. The special features constitute a material part of the invention of one or
`
`more of the claims of the 513 patent and are not staple articles of commerce
`
`suitable for substantial non-infringing use. Sharp’s contributory infringement is
`
`ongoing.
`
`
`
`12
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 13 of 15 PageID #: 13
`
`35. Sharp had knowledge of the 513 Patent before the filing of this action.
`
`Nonend disclosed its earliest US priority patent application to Sharp before the
`
`filing of this action. Sharp also has knowledge of the 513 Patent at least as of the
`
`date when it was notified of the filing of this action. Furthermore, on information
`
`and belief, Sharp has a policy or practice of not reviewing the patents of others
`
`(including instructing its employees to not review the patents of others), and has
`
`thus remained willfully ignorant of Nonend’s patent rights. Sharp’s direct and
`
`indirect infringement of the 513 Patent has thus been with knowledge (or willful
`
`ignorance) of the 513 Patent, making Sharp liable both for indirect infringement
`
`and willful infringement.
`
`36. Nonend has been damaged as a result of the infringing conduct by
`
`defendant alleged above. Thus, Sharp is liable to Nonend in an amount that
`
`adequately compensates it for such infringements, 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.
`
`37. Nonend and/or its predecessors-in-interest have satisfied all statutory
`
`obligations required to collect pre-filing damages for the full period allowed by
`
`law.
`
`
`
`
`
`JURY DEMAND
`
`Nonend hereby requests a trial by jury on all issues so triable by right.
`
`13
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`
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`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 14 of 15 PageID #: 14
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`PRAYER FOR RELIEF
`
`Nonend requests that the Court find in its favor and against Sharp and that
`
`the Court grant Nonend the following relief:
`
`a.
`
`Judgment that one or more claims of the asserted patents have been
`
`infringed, either literally and/or under the Doctrine of Equivalents, by Sharp;
`
`b.
`
`Judgment that Sharp account for and pay to Nonend all damages to
`
`and costs incurred by Nonend because of Sharp’s infringing activities and other
`
`conduct complained of herein;
`
`c.
`
`That Sharp’s infringement be found to be willful, and that the Court
`
`award treble damages for the period of such willful infringement under 35 U.S.C. §
`
`284;
`
`d.
`
`A permanent injunction enjoining Sharp and its respective officers,
`
`directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries,
`
`parents, and all others acting in active concert therewith from infringement of the
`
`asserted patents;
`
`e.
`
`Pre-judgment and post-judgment interest on the damages caused by
`
`Sharp’s infringing activities and other conduct complained of herein;
`
`f.
`
`A declaration by the Court that this an exceptional case and an award
`
`to Nonend its reasonable attorneys’ fees and costs in accordance with 35 U.S.C. §
`
`285; and
`
`
`
`14
`
`
`
`Case 2:15-cv-00619-JRG-RSP Document 1 Filed 05/01/15 Page 15 of 15 PageID #: 15
`
`g.
`
`Other and further relief as the Court may deem just and proper under
`
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`Respectfully submitted,
`
`/s/ Matthew J. Antonelli
`Matthew J. Antonelli (lead attorney)
`Texas Bar No. 24068432
`matt@ahtlawfirm.com
`Zachariah S. Harrington
`Texas Bar No. 24057886
`zac@ahtlawfirm.com
`Larry D. Thompson, Jr.
`Texas Bar No. 24051428
`larry@ahtlawfirm.com
`Califf T. Cooper
`Texas Bar No. 24055345
`califf@ahtlawfirm.com
`ANTONELLI, HARRINGTON
`& THOMPSON LLP
`4306 Yoakum Blvd., Ste. 450
`Houston, TX 77006
`(713) 581-3000
`(713) 581-3020 fax
`
`Attorneys for Nonend Inventions N.V.
`
`15
`
`the circumstances.
`
`Dated: May 1, 2015
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