Case 2:15-cv-01526-JRG-RSP Document 1 Filed 09/14/15 Page 1 of 41 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
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`MARSHALL DIVISION
`
`Plaintiff,
`
`511 INNOVATIONS, INC.,
`
`
`
`v.
`
`SAMSUNG TELECOMMUNICATIONS AMERICA,
`LLC; SAMSUNG ELECTRONICS AMERICA,
`INC.; SAMSUNG ELECTRONICS CO., LTD.;
`HUAWEI TECHNOLOGIES USA INC.; HUAWEI
`DEVICE USA INC.; HUAWEI TECHNOLOGIES
`CO., LTD; ZTE (USA) INC.; ZTE CORPORATION;
`AMS-TAOS USA INC.; and AMS AG,
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`Civil Action No. 2:15-cv-1526
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`JURY TRIAL DEMANDED
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`§
`§
`§
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`§
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`
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`COMES NOW Plaintiff 511 Innovations, Inc. (“511 Innovations”) and files this Original
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`Complaint for Patent Infringement against Defendants Samsung Telecommunications America,
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`LLC, Samsung Electronics America, Inc., and Samsung Electronics Co., Ltd. (collectively the
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`“Samsung Defendants”); Huawei Technologies USA Inc., Huawei Device USA Inc., and
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`Huawei Technologies Co., Ltd. (collectively the “Huawei Defendants”); ZTE (USA) Inc. and
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`ZTE Corporation (collectively the “ZTE Defendants”); and AMS-TAOS USA Inc. (formerly
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`known as Texas Advanced Optoelectronics Solutions, Inc.) and ams AG (collectively the “AMS
`
`Defendants”), alleging as follows:
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`

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`Case 2:15-cv-01526-JRG-RSP Document 1 Filed 09/14/15 Page 2 of 41 PageID #: 2
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`I. NATURE OF THE SUIT
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`1.
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`This is a claim for patent infringement arising under the patent laws of the United
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`States, Title 35 of the United States Code.
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`II. THE PARTIES
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`2.
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`Plaintiff 511 Innovations, Inc. is a Texas corporation that maintains its principal
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`place of business in Marshall, Texas.
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`3.
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`Defendant Samsung Telecommunications America, LLC is a Delaware limited
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`liability company that does business in Texas and maintains its principal place of business in
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`Richardson, Texas.
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`4.
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`Defendant Samsung Electronics America, Inc. is a New York corporation that
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`does business in Texas, directly or through intermediaries, and maintains its principal place of
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`business in Ridgefield Park, New Jersey.
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`5.
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`Defendant Samsung Electronics Co., Ltd. is a Korean company that does
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`business in Texas, directly or through intermediaries, and maintains its principal place of
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`business in Seoul, Korea.
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`6.
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`Defendant Huawei Technologies USA Inc. is a Texas corporation that does
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`business in Texas and maintains its principal place of business in Plano, Texas.
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`7.
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`Defendant Huawei Device USA Inc. is a Texas corporation that does business in
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`Texas and maintains its principal place of business in Plano, Texas.
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`8.
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`Defendant Huawei Technologies Co., Ltd. is a Chinese company that does
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`business in Texas, directly or through intermediaries, and maintains its principal place of
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`business in Shenzhen, China.
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`
`Original Complaint for Patent Infringement
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`Page 2
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`

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`9.
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`Defendant ZTE (USA) Inc. is a New Jersey corporation that does business in
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`Texas and maintains its principal place of business in Richardson, Texas.
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`10.
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`Defendant ZTE Corporation is a Chinese company that does business in Texas,
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`directly or through intermediaries, and maintains its principal place of business in Shenzhen,
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`China.
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`11.
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`Defendant AMS-TAOS USA Inc. (“AMS-TAOS”) is a Nevada corporation that
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`does business in Texas and maintains its principal place of business in Plano, Texas.
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`12.
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`Defendant AMS-TAOS USA Inc. is formerly known as Texas Advanced
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`Optoelectronics Solutions, Inc.
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`13.
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`Defendant ams AG is an Austrian company that does business in Texas, directly
`
`or through intermediaries, and maintains its principal place of business in Unterpremstaetten,
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`Austria.
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`III. JURISDICTION AND VENUE
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`14.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Thus, this Court has subject matter jurisdiction pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a).
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`15.
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`This Court has general personal
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`jurisdiction over Defendant Samsung
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`Telecommunications America, LLC by virtue of Samsung Telecommunications America, LLC
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`maintaining its principal place of business in this State.
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`16.
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`This Court has general personal jurisdiction over Defendant Huawei Technologies
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`USA Inc. by virtue of Huawei Technologies USA Inc.’s incorporation in this State and also by
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`virtue of Huawei Technologies USA Inc. maintaining its principal place of business in this State.
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`
`Original Complaint for Patent Infringement
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`Page 3
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`17.
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`This Court has general personal jurisdiction over Defendant Huawei Device USA
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`Inc. by virtue of Huawei Device USA Inc.’s incorporation in this State and also by virtue of
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`Huawei Device USA Inc. maintaining its principal place of business in this State.
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`18.
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`This Court has general personal jurisdiction over Defendant ZTE (USA) Inc. by
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`virtue of ZTE (USA) Inc. maintaining its principal place of business in this State.
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`19.
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`This Court has general personal jurisdiction over Defendant AMS-TAOS by
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`virtue of AMS-TAOS maintaining its principal place of business in this State.
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`20.
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`This Court has specific personal jurisdiction over all Defendants pursuant to due
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`process and the Texas Long Arm Statute because each Defendant, directly or through
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`intermediaries, has conducted and does conduct substantial business in this forum, such
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`substantial business including but not limited to: (i) at least a portion of the infringements
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`alleged herein; (ii) purposefully and voluntarily placing one or more infringing products or
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`services 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
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`persistent courses of conduct, or deriving substantial revenue from goods and services provided
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`to individuals in Texas and in this District.
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`21.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391(b)-(d) and 1400(b) for the
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`reasons set forth above. Furthermore, venue is proper because each Defendant, directly or
`
`through intermediaries, sells and offers to sell infringing products to persons in this District, as
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`discussed below. Each of Defendants’ infringing acts in this District gives rise to proper venue.
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`Original Complaint for Patent Infringement
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`Page 4
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`Case 2:15-cv-01526-JRG-RSP Document 1 Filed 09/14/15 Page 5 of 41 PageID #: 5
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`A.
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`The Asserted Patents
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`IV. BACKGROUND
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`22.
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`This cause of action asserts infringement of United States Patent Nos.
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`6,307,629 B1; 6,490,038 B1; 7,113,283 B2; 6,915,955 B2; 7,110,096 B2; 7,397,541 B2;
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`8,472,012 B2; and 8,786,844 B2 (collectively, the “Asserted Patents”).
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`23.
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`A true and correct copy of United States Patent No. 6,307,629 B1 (the “’629
`
`Patent”), entitled “Apparatus and Method for Measuring Optical Characteristics of an Object,” is
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`attached hereto as Exhibit A.
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`24.
`
`511 Innovations is the current owner by assignment of all rights, title, and interest
`
`in and under the ’629 Patent, which duly and legally issued on October 23, 2001, with Wayne D.
`
`Jung, Russell W. Jung, and Alan R. Loudermilk as the named inventors. 511 Innovations has
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`standing to sue for infringement of the ’629 Patent.
`
`25.
`
`A true and correct copy of United States Patent No. 6,490,038 B1 (the “’038
`
`Patent”), entitled “Apparatus and Method for Measuring Optical Characteristics of an Object,” is
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`attached hereto as Exhibit B.
`
`26.
`
`511 Innovations is the current owner by assignment of all rights, title, and interest
`
`in and under the ’038 Patent, which duly and legally issued on December 3, 2002, with Wayne
`
`D. Jung, Russell W. Jung, and Alan R. Loudermilk as the named inventors. 511 Innovations has
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`standing to sue for infringement of the ’038 Patent.
`
`27.
`
`A true and correct copy of United States Patent No. 7,113,283 B2 (the “’283
`
`Patent”), entitled “Apparatus and Method for Measuring Color,” is attached hereto as Exhibit C.
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`28.
`
`511 Innovations is the current owner by assignment of all rights, title, and interest
`
`in and under the ’283 Patent, which duly and legally issued on September 26, 2006, with Wayne
`
`
`Original Complaint for Patent Infringement
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`Page 5
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`D. Jung, Russell W. Jung, and Alan R. Loudermilk as the named inventors. 511 Innovations has
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`standing to sue for infringement of the ’283 Patent.
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`29.
`
`A true and correct copy of United States Patent No. 6,915,955 B2 (the “’955
`
`Patent”), entitled “Apparatus for Determining Multi-Bit Data via Light Received by a Light
`
`Receiver and Coupled to Spectral Sensors That Measure Light in Spectral Bands,” is attached
`
`hereto as Exhibit D.
`
`30.
`
`511 Innovations is the current owner by assignment of all rights, title, and interest
`
`in and under the ’955 Patent, which duly and legally issued on July 12, 2005, with Wayne D.
`
`Jung, Russell W. Jung, and Alan R. Loudermilk as the named inventors. 511 Innovations has
`
`standing to sue for infringement of the ’955 Patent.
`
`31.
`
`A true and correct copy of United States Patent No. 7,110,096 B2 (the “’096
`
`Patent”), entitled “Method for Determining Optical Characteristics Through a Protective
`
`Barrier,” is attached hereto as Exhibit E.
`
`32.
`
`511 Innovations is the current owner by assignment of all rights, title, and interest
`
`in and under the ’096 Patent, which duly and legally issued on September 19, 2006, with Wayne
`
`D. Jung, Russell W. Jung, and Alan R. Laudermilk [sic] as the named inventors. 511
`
`Innovations has standing to sue for infringement of the ’096 Patent.
`
`33.
`
`A true and correct copy of United States Patent No. 7,397,541 B2 (the “’541
`
`Patent”), entitled “Apparatus and Method for Measuring Optical Characteristics of an Object,” is
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`attached hereto as Exhibit F.
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`34.
`
`511 Innovations is the current owner by assignment of all rights, title, and interest
`
`in and under the ’541 Patent, which duly and legally issued on July 8, 2008, with Wayne D.
`
`
`Original Complaint for Patent Infringement
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`Page 6
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`Jung, Russell W. Jung, and Alan R. Loudermilk as the named inventors. 511 Innovations has
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`standing to sue for infringement of the ’541 Patent.
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`35.
`
`A true and correct copy of United States Patent No. 8,472,012 B2 (the “’012
`
`Patent”), entitled “Apparatus Having a First Optical Sensor Making a First Measurement to
`
`Detect Position and a Second Optical Sensor Making a Second Measurement,” is attached hereto
`
`as Exhibit G.
`
`36.
`
`511 Innovations is the current owner by assignment of all rights, title, and interest
`
`in and under the ’012 Patent, which duly and legally issued on June 25, 2013, with Wayne D.
`
`Jung, Russell W. Jung, and Alan R. Loudermilk as the named inventors. 511 Innovations has
`
`standing to sue for infringement of the ’012 Patent.
`
`37.
`
`A true and correct copy of United States Patent No. 8,786,844 B2 (the “’844
`
`Patent”), entitled “Apparatus for Measuring Optical Characteristics Including Position
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`Detection,” is attached hereto as Exhibit H.
`
`38.
`
`511 Innovations is the current owner by assignment of all rights, title, and interest
`
`in and under the ’844 Patent, which duly and legally issued on July 22, 2014, with Wayne D.
`
`Jung, Russell W. Jung, and Alan R. Loudermilk as the named inventors. 511 Innovations has
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`standing to sue for infringement of the ’844 Patent.
`
`B.
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`The Samsung Defendants
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`39.
`
`The Samsung Defendants, directly or through intermediaries, make, use, sell, or
`
`offer to sell within the United States, or import into the United States, mobile telephones,
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`including but not limited to the Samsung Galaxy Note 4 (the “Samsung Accused Products”).
`
`
`Original Complaint for Patent Infringement
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`Page 7
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`40.
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`The Samsung Defendants, directly or through intermediaries, purposefully and
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`voluntarily place the Samsung Accused Products into the stream of commerce with the
`
`expectation that they will be purchased by consumers in this District.
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`41.
`
`The Samsung Accused Products are sold and offered for sale in this District.
`
`C.
`
`The Huawei Defendants
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`42.
`
`The Huawei Defendants, directly or through intermediaries, make, use, sell, or
`
`offer to sell within the United States, or import into the United States, mobile telephones,
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`including but not limited to the Huawei Ascend Mate 2 (the “Huawei Accused Products”).
`
`43.
`
`The Huawei Defendants, directly or through intermediaries, purposefully and
`
`voluntarily place the Huawei Accused Products into the stream of commerce with the
`
`expectation that they will be purchased by consumers in this District.
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`44.
`
`The Huawei Accused Products are sold and offered for sale in this District.
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`D.
`
`The ZTE Defendants
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`45.
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`The ZTE Defendants, directly or through intermediaries, make, use, sell, or offer
`
`to sell within the United States, or import into the United States, mobile telephones, including
`
`but not limited to the ZTE ZMAX (the “ZTE Accused Products”).
`
`46.
`
`The ZTE Defendants, directly or through intermediaries, purposefully and
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`voluntarily place the ZTE Accused Products into the stream of commerce with the expectation
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`that they will be purchased by consumers in this District.
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`47.
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`The ZTE Accused Products are sold and offered for sale in this District.
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`E.
`
`The AMS Defendants
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`48.
`
`The Samsung Accused Products, the Huawei Accused Products, and the ZTE
`
`Accused Products incorporate light sensors, including but not limited to TMG3992 and
`
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`Original Complaint for Patent Infringement
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`Page 8
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`Case 2:15-cv-01526-JRG-RSP Document 1 Filed 09/14/15 Page 9 of 41 PageID #: 9
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`TMD2771 sensors, that are made and/or sold, directly or through intermediaries, by the AMS
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`Defendants (the “AMS Accused Products”).
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`49.
`
`By making and/or selling the AMS Accused Products for inclusion in the
`
`Samsung Accused Products, the Huawei Accused Products, and the ZTE Accused Products, the
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`AMS Defendants, directly or through intermediaries, purposefully and voluntarily place the
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`AMS Accused Products into the stream of commerce with the expectation that they will be
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`purchased by consumers in this District.
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`F.
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`JJL and Spectral Sensors
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`50.
`
`From July 27, 2007, through September 12, 2013, JJL Technologies, LLC (“JJL”)
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`was the owner by assignment of the then-existing Asserted Patents and their families, including
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`related then-pending applications.
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`51.
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`JJL acquired the Asserted Patents and their families from LJ Laboratories LLC,
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`an entity that had been formed to protect inventions resulting from research conducted by or on
`
`behalf of JJL.
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`52.
`
`JJL was a pioneer in low-cost, handheld color measurement and optical sensing
`
`technologies and products. JJL conceived, developed, produced, and sold its own products,
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`which included world market-leading spectrophotometers for measuring teeth, skin, and other
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`materials.
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`53.
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`JJL’s inventions have resulted in over eighty patents throughout the world. These
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`patents include systems and methods for measuring multiple optical properties and for detecting
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`position through transparent barriers.
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`54.
`
`In 2013, JJL transferred its intellectual property, including the Asserted Patents
`
`and their families, to 511 Innovations, which in turn licensed that intellectual property to Spectral
`
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`Original Complaint for Patent Infringement
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`Page 9
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`Sensors Inc. (“Spectral Sensors”), a Texas corporation having its principal place of business in
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`Marshall, Texas, to continue research, development, and manufacturing of optical sensing
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`products. Since that time, Spectral Sensors has conducted such activities in Marshall, Texas.
`
`55.
`
`At all relevant times, JJL and Spectral Sensors have complied with the marking
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`requirements set forth in 35 U.S.C. § 287.
`
`G.
`
`The AMS Defendants’ Dealings with JJL and Spectral Sensors
`
`56.
`
`Since AMS-TAOS’s formation in the 1990s, and subsequent to its acquisition by
`
`ams AG in 2011, AMS-TAOS has sold optical sensors, including light-to-frequency-converter-
`
`based sensors, to JJL and/or Spectral Sensors for use in JJL’s and Spectral Sensors’s products.
`
`57.
`
`JJL and Spectral Sensors used the optical sensors purchased from AMS-TAOS to
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`conduct research and development and to make optical measurement products.
`
`58.
`
`JJL’s and Spectral Sensors’s research and product development included
`
`integrating filters with light-to-frequency-converter-based sensors purchased from AMS-TAOS
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`to make cost-effective optical sensing technologies that could be incorporated into handheld
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`devices such as JJL’s and Spectral Sensors’s spectrophotometers.
`
`59.
`
`JJL’s and Spectral Sensors’s modification and use of the optical sensors
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`purchased from AMS-TAOS incorporate principles taught by the Asserted Patents.
`
`60.
`
`Recognizing the value and contributions of JJL, over numerous years and as
`
`recently as 2012, the AMS Defendants engaged JJL in discussions concerning the AMS
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`Defendants potentially acquiring JJL.
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`61.
`
`As part of the discussions concerning the AMS Defendants’ potential acquisition
`
`of JJL, JJL disclosed to the AMS Defendants the existence and contents of JJL’s patents,
`
`including the Asserted Patents.
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`Original Complaint for Patent Infringement
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`Page 10
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`62.
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`Upon information and belief, the AMS Defendants had further knowledge of
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`JJL’s patents, including the Asserted Patents, based on information it received from other
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`customers of AMS-TAOS and ams AG.
`
`63.
`
`As part of the discussions concerning the AMS Defendants’ potential acquisition
`
`of JJL, JJL also disclosed to the AMS Defendants technical know-how and benefits concerning
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`customizing light-to-frequency converter-based products using optical filters, as taught and
`
`claimed by the Asserted Patents.
`
`V. CLAIMS – SAMSUNG DEFENDANTS
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`64.
`
`Based on the above-described services and products, 511 Innovations asserts
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`several causes of action against the Samsung Defendants. These causes of action are detailed as
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`follows.
`
`A.
`
`Infringement of the ’629 Patent
`
`65.
`
`The allegations of paragraphs 1-64 above are incorporated by reference as if fully
`
`set forth herein.
`
`66.
`
`67.
`
`The Samsung Accused Products are covered by at least claim 1 of the ’629 Patent.
`
`The Samsung Defendants have directly infringed and continue to infringe at least
`
`claim 1 of the ’629 Patent in violation of 35 U.S.C. § 271(a) by, directly or through
`
`intermediaries and without 511 Innovations’s authority, making, using, selling, or offering to sell
`
`the Samsung Accused Products in the United States, or importing the Samsung Accused
`
`Products into the United States.
`
`68.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively inducing infringement of at
`
`least claim 1 of the ’629 Patent in violation of 35 U.S.C. § 271(b). The Samsung Defendants’
`
`
`Original Complaint for Patent Infringement
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`Page 11
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`inducements include, without limitation and with specific intent to encourage the infringement,
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`knowingly inducing consumers to use the Samsung Accused Products within the United States
`
`by supplying the Samsung Accused Products to consumers within the United States and
`
`instructing such consumers how to use the Samsung Accused Products, which the Samsung
`
`Defendants know or should know infringe at least claim 1 of the ’629 Patent.
`
`69.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively contributing to
`
`infringement of at least claim 1 of the ’629 Patent in violation of 35 U.S.C. § 271(c). The
`
`Samsung Defendants’ contributions include, without limitation, offering to sell and/or selling
`
`within the United States, and/or importing into the United States, the Samsung Accused
`
`Products, which constitute a material part of the invention recited in at least claim 1 of the ‘629
`
`Patent, knowing the Samsung Accused Products to be especially made or especially adapted for
`
`use in an infringement of at least claim 1 of the ‘629 Patent, and not a staple article or
`
`commodity of commerce suitable for substantial noninfringing use.
`
`B.
`
`Infringement of the ’038 Patent
`
`70.
`
`The allegations of paragraphs 1-69 above are incorporated by reference as if fully
`
`set forth herein.
`
`71.
`
`The Samsung Accused Products are covered by at least claim 127 of the ’038
`
`Patent.
`
`72.
`
`The Samsung Defendants have directly infringed and continue to infringe at least
`
`claim 127 of the ’038 Patent in violation of 35 U.S.C. § 271(a) by, directly or through
`
`intermediaries and without 511 Innovations’s authority, making, using, selling, or offering to sell
`
`
`Original Complaint for Patent Infringement
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`Page 12
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`the Samsung Accused Products in the United States, or importing the Samsung Accused
`
`Products into the United States.
`
`73.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively inducing infringement of at
`
`least claim 127 of the ’038 Patent in violation of 35 U.S.C. § 271(b). The Samsung Defendants’
`
`inducements include, without limitation and with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use the Samsung Accused Products within the United States
`
`by supplying the Samsung Accused Products to consumers within the United States and
`
`instructing such consumers how to use the Samsung Accused Products, which the Samsung
`
`Defendants know or should know infringe at least claim 127 of the ’038 Patent.
`
`74.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively contributing to
`
`infringement of at least claim 127 of the ’038 Patent in violation of 35 U.S.C. § 271(c). The
`
`Samsung Defendants’ contributions include, without limitation, offering to sell and/or selling
`
`within the United States, and/or importing into the United States, the Samsung Accused
`
`Products, which constitute a material part of the invention recited in at least claim 127 of the
`
`‘038 Patent, knowing the Samsung Accused Products to be especially made or especially adapted
`
`for use in an infringement of at least claim 127 of the ‘038 Patent, and not a staple article or
`
`commodity of commerce suitable for substantial noninfringing use.
`
`C.
`
`Infringement of the ’283 Patent
`
`75.
`
`The allegations of paragraphs 1-74 above are incorporated by reference as if fully
`
`set forth herein.
`
`76.
`
`The Samsung Accused Products are covered by at least claim 1 of the ’283 Patent.
`
`
`Original Complaint for Patent Infringement
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`Page 13
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`77.
`
`The Samsung Defendants have directly infringed and continue to infringe at least
`
`claim 1 of the ’283 Patent in violation of 35 U.S.C. § 271(a) by, directly or through
`
`intermediaries and without 511 Innovations’s authority, making, using, selling, or offering to sell
`
`the Samsung Accused Products in the United States, or importing the Samsung Accused
`
`Products into the United States.
`
`78.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively inducing infringement of at
`
`least claim 1 of the ’283 Patent in violation of 35 U.S.C. § 271(b). The Samsung Defendants’
`
`inducements include, without limitation and with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use the Samsung Accused Products within the United States
`
`by supplying the Samsung Accused Products to consumers within the United States and
`
`instructing such consumers how to use the Samsung Accused Products, which the Samsung
`
`Defendants know or should know infringe at least claim 1 of the ’283 Patent.
`
`79.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively contributing to
`
`infringement of at least claim 1 of the ’283 Patent in violation of 35 U.S.C. § 271(c). The
`
`Samsung Defendants’ contributions include, without limitation, offering to sell and/or selling
`
`within the United States, and/or importing into the United States, the Samsung Accused
`
`Products, which constitute a material part of the invention recited in at least claim 1 of the ‘283
`
`Patent, knowing the Samsung Accused Products to be especially made or especially adapted for
`
`use in an infringement of at least claim 1 of the ‘283 Patent, and not a staple article or
`
`commodity of commerce suitable for substantial noninfringing use.
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 14
`
`

`

`Case 2:15-cv-01526-JRG-RSP Document 1 Filed 09/14/15 Page 15 of 41 PageID #: 15
`
`D.
`
`Infringement of the ’955 Patent
`
`80.
`
`The allegations of paragraphs 1-79 above are incorporated by reference as if fully
`
`set forth herein.
`
`81.
`
`82.
`
`The Samsung Accused Products are covered by at least claim 1 of the ’955 Patent.
`
`The Samsung Defendants have directly infringed and continue to infringe at least
`
`claim 1 of the ’955 Patent in violation of 35 U.S.C. § 271(a) by, directly or through
`
`intermediaries and without 511 Innovations’s authority, making, using, selling, or offering to sell
`
`the Samsung Accused Products in the United States, or importing the Samsung Accused
`
`Products into the United States.
`
`83.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively inducing infringement of at
`
`least claim 1 of the ’955 Patent in violation of 35 U.S.C. § 271(b). The Samsung Defendants’
`
`inducements include, without limitation and with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use the Samsung Accused Products within the United States
`
`by supplying the Samsung Accused Products to consumers within the United States and
`
`instructing such consumers how to use the Samsung Accused Products, which the Samsung
`
`Defendants know or should know infringe at least claim 1 of the ’955 Patent.
`
`84.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively contributing to
`
`infringement of at least claim 1 of the ’955 Patent in violation of 35 U.S.C. § 271(c). The
`
`Samsung Defendants’ contributions include, without limitation, offering to sell and/or selling
`
`within the United States, and/or importing into the United States, the Samsung Accused
`
`Products, which constitute a material part of the invention recited in at least claim 1 of the ‘955
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 15
`
`

`

`Case 2:15-cv-01526-JRG-RSP Document 1 Filed 09/14/15 Page 16 of 41 PageID #: 16
`
`Patent, knowing the Samsung Accused Products to be especially made or especially adapted for
`
`use in an infringement of at least claim 1 of the ‘955 Patent, and not a staple article or
`
`commodity of commerce suitable for substantial noninfringing use.
`
`E.
`
`Infringement of the ’096 Patent
`
`85.
`
`The allegations of paragraphs 1-84 above are incorporated by reference as if fully
`
`set forth herein.
`
`86.
`
`87.
`
`The Samsung Accused Products are covered by at least claim 1 of the ’096 Patent.
`
`The Samsung Defendants have directly infringed and continue to infringe at least
`
`claim 1 of the ’096 Patent in violation of 35 U.S.C. § 271(a) by, directly or through
`
`intermediaries and without 511 Innovations’s authority, making, using, selling, or offering to sell
`
`the Samsung Accused Products in the United States, or importing the Samsung Accused
`
`Products into the United States.
`
`88.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively inducing infringement of at
`
`least claim 1 of the ’096 Patent in violation of 35 U.S.C. § 271(b). The Samsung Defendants’
`
`inducements include, without limitation and with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use the Samsung Accused Products within the United States
`
`by supplying the Samsung Accused Products to consumers within the United States and
`
`instructing such consumers how to use the Samsung Accused Products, which the Samsung
`
`Defendants know or should know infringe at least claim 1 of the ’096 Patent.
`
`89.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively contributing to
`
`infringement of at least claim 1 of the ’096 Patent in violation of 35 U.S.C. § 271(c). The
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 16
`
`

`

`Case 2:15-cv-01526-JRG-RSP Document 1 Filed 09/14/15 Page 17 of 41 PageID #: 17
`
`Samsung Defendants’ contributions include, without limitation, offering to sell and/or selling
`
`within the United States, and/or importing into the United States, the Samsung Accused
`
`Products, which constitute a material part of the invention recited in at least claim 1 of the ‘096
`
`Patent, knowing the Samsung Accused Products to be especially made or especially adapted for
`
`use in an infringement of at least claim 1 of the ‘096 Patent, and not a staple article or
`
`commodity of commerce suitable for substantial noninfringing use.
`
`F.
`
`Infringement of the ’541 Patent
`
`90.
`
`The allegations of paragraphs 1-89 above are incorporated by reference as if fully
`
`set forth herein.
`
`91.
`
`92.
`
`The Samsung Accused Products are covered by at least claim 1 of the ’541 Patent.
`
`The Samsung Defendants have directly infringed and continue to infringe at least
`
`claim 1 of the ’541 Patent in violation of 35 U.S.C. § 271(a) by, directly or through
`
`intermediaries and without 511 Innovations’s authority, making, using, selling, or offering to sell
`
`the Samsung Accused Products in the United States, or importing the Samsung Accused
`
`Products into the United States.
`
`93.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively inducing infringement of at
`
`least claim 1 of the ’541 Patent in violation of 35 U.S.C. § 271(b). The Samsung Defendants’
`
`inducements include, without limitation and with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use the Samsung Accused Products within the United States
`
`by supplying the Samsung Accused Products to consumers within the United States and
`
`instructing such consumers how to use the Samsung Accused Products, which the Samsung
`
`Defendants know or should know infringe at least claim 1 of the ’541 Patent.
`
`
`Original Complaint for Patent Infringement
`
`
`
`
`Page 17
`
`

`

`Case 2:15-cv-01526-JRG-RSP Document 1 Filed 09/14/15 Page 18 of 41 PageID #: 18
`
`94.
`
`Further and in the alternative, at least since the filing and service of this
`
`Complaint, the Samsung Defendants have been and now are actively contributing to
`
`infringement of at least claim 1 of the ’541 Patent in violation of 35 U.S.C. § 271(c). The
`
`Samsung Defendants’ contributions include, without limitation, offering to sell and/or selling
`
`within the United States, and/or importing into the United States, the Samsung Accused
`
`Products, which constitute a material part of the invention recited in at least claim 1 of the ‘541
`
`Patent, knowing the Samsung Accused Products to be especially made or especially adapted for
`
`use in an infringement of at least claim 1 of the ‘541 Patent, and