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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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` Solas OLED Ltd., an Irish corporation,
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`Plaintiff,
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`vs.
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`Samsung Display Co., Ltd., a Korean corporation;
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`Samsung Electronics Co., Ltd., a Korean
`corporation; and
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`Samsung Electronics America, Inc., a New York
`corporation;
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` Defendants.
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`
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`CASE NO. 2:19-cv-152
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`JURY DEMANDED
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`Complaint for Patent Infringement
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`Plaintiff Solas OLED Ltd. (“Solas”) files this complaint against Defendants Samsung
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`Display Co., Ltd.; Samsung Electronics Co., Ltd.; and Samsung Electronics America, Inc.
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`(collectively, “Defendants”); alleging infringement of U.S. Patent No. 9,256,311 (entitled
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`“Flexible touch sensor”). The accused products are Samsung Galaxy smartphones with
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`touchscreens (including flexible touch sensors) that wrap around the edges of the display.
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`Plaintiff Solas OLED and the asserted patent.
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`1.
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`Plaintiff Solas is a technology licensing company organized under the
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`laws of Ireland, with its headquarters at 4-5 Burton Hall Road, Sandyford, Dublin 18.
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`2.
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`Solas is the owner of U.S. Patent No. 9,256,311, entitled “Flexible touch sensor,”
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`which issued February 9, 2016 (the “’311 patent”). A copy of the ’311 patent is attached to this
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`complaint as Exhibit 1.
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`1
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`Case 2:19-cv-00152-JRG Document 1 Filed 05/02/19 Page 2 of 10 PageID #: 2
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`Defendants and the Accused Products.
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`3.
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`Defendant Samsung Display Co., Ltd. (“Samsung Display”) is a Korean
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`corporation. Defendant Samsung Electronics Co., Ltd. (“Samsung Electronics”) is a Korean
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`corporation. Defendant Samsung Electronics America, Inc. (“Samsung Electronics America”) is
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`a New York corporation with regular and established places of business in this district.
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`4.
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`The Accused Products are Samsung Galaxy smartphones with touchscreens
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`(including flexible metal-mesh touch sensors and flexible OLED panel substrates) that wrap
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`around the edges of the phone display. As an illustrative example, this includes Galaxy S9
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`model smartphones (illustrated below).
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`
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`Galaxy S9
`https://www.samsung.com/us/smartphones/galaxy-s9/
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`Defendant Samsung Display makes and supplies touchscreen displays that are
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`5.
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`incorporated into the accused Galaxy smartphones. Defendants Samsung Electronics and
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`Samsung Electronics America make and supply the accused Galaxy smartphones, which includes
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`selling the accused smartphones to distributers and end users.
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`2
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`Case 2:19-cv-00152-JRG Document 1 Filed 05/02/19 Page 3 of 10 PageID #: 3
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`Jurisdiction, venue, and joinder.
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`6.
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`Solas asserts claims for patent infringement against Defendants under the patent
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`laws of the United States, including 35 U.S.C. §§ 271 and 281, et seq. The Court has original
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`jurisdiction over Solas’ patent infringement claims under 28 U.S.C. §§ 1331 and 1338(a).
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`7.
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`The Court has personal jurisdiction over Defendants. Defendants Samsung
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`Display and Samsung Electronics have established minimum contacts with the United States as a
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`whole such that the exercise of jurisdiction would not offend traditional notions of fair play and
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`substantial justice. Defendants Samsung Display and Samsung Electronics have purposefully
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`directed activities at the United States—in particular, directing accused Galaxy smartphones for
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`sale to distributers and end customers within the United States (including within this district) and
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`engaging in sales and marketing efforts to generate and support such sales. The claims for
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`infringement arise out of, or relate to, those activities. Defendant Samsung Electronics America
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`has regular and established places of business within this district and has committed acts of
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`infringement within this district (e.g., offering to sell and selling the Accused Products).
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`8.
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`Defendants are jointly and severally liable for infringing the asserted patent.
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`Defendants’ liability arises out of the same transaction, occurrence or series of transactions or
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`occurrences related to the making, using, importing into the United States, offering for sale and
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`selling the Accused Products. As a result, this action involves questions of law and fact that are
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`common to all Defendants.
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`9.
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`Venue is proper in this district under 28 U.S.C. §1400(b) and 28 U.S.C. §§
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`1391(c). For Defendants Samsung Display and Samsung Electronics, venue is proper as to a
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`foreign defendant in any district. Defendant Samsung Electronics America has regular and
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`3
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`Case 2:19-cv-00152-JRG Document 1 Filed 05/02/19 Page 4 of 10 PageID #: 4
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`established places of business in this district at: 1301 East Lookout Drive, Richardson, Texas
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`75080; and 6635 Declaration Drive, Plano, TX 75023.
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`Claim for patent infringement.
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`Solas incorporates by reference each of the allegations in paragraphs 1-9 above
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`10.
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`and further alleges as follows:
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`11. On February 9, 2016, the United States Patent and Trademark Office issued U.S.
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`Patent No. 9,256,311, entitled “Flexible touch sensor.” Ex. 1.
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`12.
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`Solas is the owner of the ’311 patent with full rights to pursue recovery of
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`royalties for damages for infringement, including full rights to recover past and future damages.
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`13.
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`Each claim of the ’311 patent is valid, enforceable, and patent-eligible.
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`14.
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`Each Defendant has directly infringed (literally and equivalently), contributed to
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`the infringement, and induced others to infringe the ’311 patent and, unless enjoined, will
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`continue to do so by using, selling, offering for sale, or importing products that infringe the
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`claims of the ’311 patent and by contributing to or inducing others to infringe the claims of the
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`’311 patent without a license or permission from Solas.
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`Direct infringement.
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`15.
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`Each Defendant has directly infringed (literally and equivalently), and continues
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`to infringe, at least one claim of the ’311 patent by using, offering to sell, selling, and importing
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`the Accused Products. Defendants infringe multiple claims of the ’311 patent, including
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`independent claim 1. An example way that the Accused Products infringe each element of claim
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`1, for an example accused Galaxy smartphone, is provided below.
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`4
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`Case 2:19-cv-00152-JRG Document 1 Filed 05/02/19 Page 5 of 10 PageID #: 5
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`“1. An apparatus compromising: a substantially flexible substrate;”
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`The accused Galaxy smartphones include flexible Organic Light Emitting Diode (OLED)
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`panels that include a substantially flexible polyimide substrate.
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`“and a touch sensor disposed on the substantially flexible substrate, the touch sensor
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`comprising drive or sense electrodes made of flexible conductive material configured to
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`bend with the substantially flexible substrate,”
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`The accused Galaxy smartphones include a touch sensor layered on top of the
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`substantially flexible polyimide substrate. The touch sensor includes drive or sense electrodes
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`(the mesh grid illustrated below) made from flexible, conductive metal, configured to bend with
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`the flexible OLED panel.
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`“wherein: the flexible conductive material of the drive or sense electrodes comprises
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`first and second conductive lines that electrically contact one another at an intersection to
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`form a mesh grid;”
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`In the accused Galaxy smartphones, the drive or sense electrodes are made from flexible
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`metal mesh. This flexible metal mesh includes conductive metal lines that physically intersect
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`(and thus electrically contact) to form a mesh grid.
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`5
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`Case 2:19-cv-00152-JRG Document 1 Filed 05/02/19 Page 6 of 10 PageID #: 6
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`“and the substantially flexible substrate and the touch sensor are configured to
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`wrap around one or more edges of a display.”
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`In the accused Galaxy smartphones, the flexible metal touch sensor layer and OLED
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`panel substrate wrap around the edge of the phone display.
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`Indirect infringement.
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`Each Defendant has known of the ’311 patent, or has been willfully blind to the
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`16.
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`’311 patent, since at least 2014. The application that became the ’311 patent (No. 13/284,674)
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`was published as US2013/0106441A1 (the ’441 application) on May 2, 2013. The ’441
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`application was cited by the examiner during the prosecution of the following Samsung Display
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`patent applications:
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`6
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`Case 2:19-cv-00152-JRG Document 1 Filed 05/02/19 Page 7 of 10 PageID #: 7
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` US 13/776,932 (published as US 2014/0132553 A1) (“Flexible touch screen panel
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`and flexible display device with the same”), published May 15, 2014, assigned to
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`“Samsung Display Co., Ltd.”;
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` US 14/592,276 (published as US 2015/0123926 A1) (“Flexible touch screen panel
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`and flexible display device with the same”), published May 7, 2015, assigned to
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`“Samsung Display Co., Ltd.”;
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` US 14/248,126 (published as US 2015/0153873 A1) (“Touch panel, display
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`apparatus, and method of manufacturing the touch panel”), published June 4,
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`2015, assigned to “Samsung Display Co., Ltd.”;
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` US 14/457,259 (published as US 2015/0220120 A1) (“Display device having a
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`touch panel”), published August 6, 2015, assigned to “Samsung Display Co.,
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`Ltd.”;
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` 14/601,947 (published as US 2016/0066411 A1) (“Flexible circuit board and
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`electronic device including the same”), published March 3, 2016, assigned to
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`“Samsung Display Co., Ltd.”
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`17.
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`The ’441 published application was also cited on the face of the following issued
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`Samsung Display patent:
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` US 9,778,697 B2 (“Flexible touch screen panel and flexible display device with
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`the same”) issued October 3, 2017 and assigned to “Samsung Display Co., Ltd.”
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`18.
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`Defendants Samsung Electronics and Samsung Electronics America have learned
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`of the ’311 patent through their work with Samsung Display to manufacture and supply the
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`Accused Products.
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`7
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`Case 2:19-cv-00152-JRG Document 1 Filed 05/02/19 Page 8 of 10 PageID #: 8
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`19.
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`Defendants have known how the Accused Products are made and have known, or
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`have been willfully blind to the fact, that making, using, offering to sell, and selling the accused
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`products within the United States, or importing the Accused Products into the United States,
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`would constitute infringement.
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`20. In addition, the service of this complaint provided Defendants with additional notice
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`of the ’311 patent and of their infringement.
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`21.
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`Defendants have induced, and continue to induce, infringement of the ’311 patent
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`by actively encouraging others (including each other, distributers and end customers) to use,
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`offer to sell, sell, and import the Accused Products. These acts include providing information
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`and instructions on the use of the Accused Products; providing information, education and
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`instructions supporting sales; providing the Accused Products for sale; and agreeing to indemnify
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`patent infringement within the United States.
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`22.
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`Defendants have contributed to infringement of the claims of the ’311 patent and
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`continue to do so by supplying, or causing to be supplied, material parts of the invention within
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`the United States—in particular, as described above in ¶15, a metal mesh touch sensor and
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`OLED panel substrate that is designed to be substantially flexible and to wrap around the edges
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`of the smartphone display. The flexible nature of this component has no substantial non-
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`infringing uses and has been known by Defendants to be especially adapted for use in infringing
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`the ’311 patent.
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`Willful infringement.
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`23. Defendants’ infringement of the ’311 patent has been and continues to be willful
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`and egregious. As detailed above in ¶¶16-20, and incorporated here, each Defendant has known
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`of the ’311 patent and has known of its infringement since at least 2014. In the alternative, each
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`8
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`Case 2:19-cv-00152-JRG Document 1 Filed 05/02/19 Page 9 of 10 PageID #: 9
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`Defendant has been willfully blind to the ’311 patent and has been willfully blind to its
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`infringement since at least 2014. In addition, the service of this complaint provided Defendants
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`with additional notice of the ’311 patent and of their infringement.
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`Damages.
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`Solas has been damaged by Defendants’ infringement of the ’311 patent and is
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`24.
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`entitled to reasonable royalty damages and enhanced damages due to Defendants’ willful
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`infringement.
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`Jury demand.
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`25.
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`Solas demands trial by jury of all issues.
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`Relief requested.
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`Solas prays for the following relief:
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`A.
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`A judgment in favor of Solas that Defendants have infringed the ’311 patent and
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`that the ’311 patent is valid, enforceable, and patent-eligible;
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`B.
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`A judgment and order requiring Defendants to pay Solas compensatory damages,
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`costs, expenses, and pre- and post-judgment interest for its infringement of the asserted patents,
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`as provided under 35 U.S.C. § 284;
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`C.
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`A judgment that Defendants have willfully infringed the ’311 patent and that
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`Solas is entitled to enhanced damages as a result of such willful infringement;
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`D.
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`A permanent injunction prohibiting Defendants from further acts of infringement
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`of the ’311 patent;
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`E.
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`A judgment and order requiring Defendants to provide an accounting and to pay
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`supplemental damages to Solas, including, without limitation, pre-judgment and
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`post-judgment interest;
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`9
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`Case 2:19-cv-00152-JRG Document 1 Filed 05/02/19 Page 10 of 10 PageID #: 10
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`F.
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`A finding that this case is exceptional under 35 U.S.C. § 285, at minimum due to
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`Defendants’ willful infringement, and an award of Solas’ reasonable attorney’s fees and costs;
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`and
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`G.
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`Any and all other relief to which Solas may be entitled.
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`Dated: May 2, 2019
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`Respectfully submitted,
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`/s/ Sean A. Luner w/permission by Andrea Fair
`Sean A. Luner
`State Bar No. 165443
`Gregory S. Dovel
`State Bar No. 135387
`Jonas Jacobson
`State Bar No. 269912
`DOVEL & LUNER, LLP
`201 Santa Monica Blvd., Suite 600
`Santa Monica, CA 90401
`Telephone: 310-656-7066
`Email: sean@dovel.com
`Email: greg@dovel.com
`Email: jonas@dovel.com
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`E-mail: jw@wsfirm.com
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`E-mail: claire@wsfirm.com
`Andrea L. Fair
`Texas State Bar No. 24078488
`E-mail: andrea@wsfirm.com
`WARD, SMITH & HILL, PLLC
`PO Box 1231
`Longview, Texas 75606-1231
`(903) 757-6400 (telephone)
`(903) 757-2323 (facsimile)
`
`ATTORNEYS FOR PLAINTIFF,
`SOLAS OLED, LTD.
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`10
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