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Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 1 of 26 PageID #: 1
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`
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`OPTIMUM IMAGING TECHNOLOGIES
`LLC
`
`Plaintiff,
`
`
`
`
`
`
`
`v.
`
`CANON INC.,
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, Optimum Imaging Technologies LLC (“OIT” or “Plaintiff”) brings this action
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`under the patent laws of the United States, Title 35 of the United States Code, and makes the
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`following allegations against Canon Inc. (“Canon” or “Defendant”) upon information and belief:
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`THE PARTIES
`
`1.
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`Plaintiff OIT is a Texas limited liability company founded in 2009 and with an
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`address at 8701 Shoal Creek Blvd # 405, Austin, Texas 78757.
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`2.
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`Upon information and belief, Defendant Canon is a corporation organized and
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`existing under the laws of Japan. Its principal place of business is located at 30-2, Shimomaruko
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`3-chome, Ohta-ku, Tokyo 146-8501, Japan.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement under the patent laws of the United States
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`of America, 35 U.S.C. § 1, et seq.
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 2 of 26 PageID #: 2
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`4.
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`This Court has jurisdiction over the subject matter of this action under 28 U.S.C.
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`§§ 1331, 1338, and 1367.
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`5.
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`This Court has personal jurisdiction over Canon because it, directly and through its
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`subsidiaries, divisions, groups, or distributors, has sufficient minimum contacts with this forum as
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`a result of business conducted within the State of Texas, and/or pursuant to Fed. R. Civ. P. 4(k)(2).
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`On information and belief, Canon transacts substantial business in the State of Texas, directly and
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`through agents, including: (i) at least a portion of the infringement alleged herein, and (ii) regularly
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`does or solicits business in Texas, engages in other persistent courses of conduct, maintains
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`continuous and systematic contacts within this Judicial District, purposefully avails itself of the
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`privilege of doing business in Texas, and/or derives substantial revenue from services provided in
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`Texas. For example, on information and belief, Canon sells its products, including those that
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`infringe the Patents-in-Suit, into this district.
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`6.
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`Furthermore, upon information and belief, Defendant has purposefully and
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`voluntarily placed one or more infringing products into the stream of commerce with the
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`expectation that they will be purchased and/or used by residents of this judicial District, including
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`by directly and indirectly working with distributors, and other entities located in the State of Texas,
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`to ensure the accused products reach the State of Texas and this judicial District, including in the
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`Marshall Division.
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`7.
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`Defendant also maintains commercial websites accessible to residents of the State
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`of Texas and this judicial District, through which Defendant promotes and facilitates sales of the
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`infringing products. For example, Defendant’s website https://global.canon/en/index.html is
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`accessible to consumers in the United States, including those in the State of Texas and this judicial
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`District, where Canon supplies information about products that can be purchased from online
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`2
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 3 of 26 PageID #: 3
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`stores such as Amazon, as well as brick-and-mortar stores located in this judicial District, including
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`Target, Walmart, Costco, and Best Buy.
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`8.
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`Defendant further availed itself to this District in a separate lawsuit, Canon Inc. v.
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`TCL Electronics Holdings, Ltd., 2:18-cv-546 (E.D. Tex) filed on December 27, 2018, where
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`Defendant filed the suit as a plaintiff in a patent infringement lawsuit. In so doing, Defendant used
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`this Court’s judicial resources and received protections from this District’s rules and laws.
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`Furthermore, in the Complaint in that action Defendant also set forth that voluntary participation
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`in another lawsuit in this District is a basis for jurisdiction and venue over that party. See Exhibit
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`C, ¶¶ 7-11.
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`9.
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`This Court has general jurisdiction over Defendant due to its continuous and
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`systematic contacts with the State of Texas and this jurisdiction. Further, Defendant is subject to
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`this Court’s jurisdiction because it has committed patent infringement in the State of Texas and
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`this jurisdiction.
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`10.
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`Thus, Defendant has established minimum contacts with the State of Texas and the
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`exercise of jurisdiction would not offend traditional notions of fair play and substantial justice.
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`11.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b), (c) and
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`1400(b) because (i) Defendant has done and continues to do business in this district; (ii) Defendant
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`has committed and continues to commit acts of patent infringement in this district, including
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`making, using, offering to sell, and/or selling accused products in this district, and/or importing
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`accused products into this district, including by internet sales and sales via retail and wholesale
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`stores, and/or inducing others to commit acts of patent infringement in this district; and (iii)
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`Defendant is foreign entity. 28 U.S.C. § 1391(c)(3) provides that “a defendant not resident in the
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`United States may be sued in any judicial district.” See also Brunette Machine Works v. Kockum
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`3
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 4 of 26 PageID #: 4
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`Industries, Inc., 406 U.S. 706 (1972), holding that venue is proper pursuant to 28 U.S.C. §§ 1391
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`and 1400(b) when Defendant is a foreign entity.
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`FACTUAL ALLEGATIONS
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`12.
`
`Neal Solomon is the sole inventor of U.S. Patent No. 7,612,805, entitled “Digital
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`Imaging System and Methods for Selective Image Filtration” (Exhibit A, “’805 Patent”) and a
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`continuation from the ‘805 application, U.S. Patent No. 8,451,339, entitled “Digital Imaging
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`System for Correcting Image Aberrations” (Exhibit B, “’339 Patent”) (collectively the “Asserted
`
`Patents”). The Asserted Patents share the same specification and priority date of July 11, 2006.
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`13.
`
`OIT, a Texas limited liability company formed by Mr. Solomon in 2009, owns the
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`Asserted Patents.
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`14.
`
`The Asserted Patents are directed toward digital imaging systems, namely in-
`
`camera systems for filtering and correcting image aberrations or distortions. The systems as
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`claimed relate to a combination of hardware and software throughout the cameras. The Abstract
`
`for the ‘339 patent, for example, states as follows:
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`A system is disclosed for the automated correction of optical and digital aberrations
`in a digital imaging system. The system includes (a) digital filters, (b) hardware
`modifications and (c) digital system corrections. The system solves numerous
`problems in still and video photography that are presented in the digital imaging
`environment.
`
`15.
`
`The Asserted Patents describe a tangible system comprising aberration
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`correction software particular to various types of lenses, a database system for useful access
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`to that software, and specially designed processors which operate on that software to
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`correct specifically enumerated aberrations. The Asserted Patents describe a claimed
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`combination of dedicated elements and processes that were not, at the time of invention,
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`well-understood, routine, or conventional.
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`4
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`

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`16.
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`An exemplary embodiment is shown in Figure 1 of each of the Asserted Patents:
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`
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`17.
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`Defendant imports, has imported, sells, has sold for sale and/or offers for sale in
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`the United States cameras and lenses that are not made or licensed by OIT and that infringe the
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`Asserted Patents (“Infringing Products”).
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`18.
`
`Canon markets its Infringing Products specifically extolling the functionality of the
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`Asserted Patents. As one example, Canon markets infringing functionality of Infringing Products
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`as “lens aberration correction” in published material including at least online material for Canon
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`cameras. Manuals for Canon cameras, for example, the user manual for the Canon EOS 70D,
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`include instructions for using the aberration correction capabilities of the camera. Lens aberration
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`correction is further included in the camera-user interface:
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`5
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 6 of 26 PageID #: 6
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`
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`EOS 70D Instruction Manual, at 107. On further
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`information and belief, Canon point-and-shoot
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`cameras with integrated lenses also perform lens
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`aberration correction in accordance with the Asserted
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`Patents, including as one nonlimiting example the
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`PowerShot G15.
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`19.
`
`On information and belief, all Canon digital cameras that include digital lens
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`aberration correction imported, sold, offered for sale or used in the United States within the
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`statutory period are Infringing Products, including but not limited to the following: EOS digital
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`cameras including but not limited to EOS 1-D X, EOS 1-D X Mark II, EOS-1D C, EOS 5DS /
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`EOS 5DS R, EOS 5D Mark III, EOS 5D Mark IV, EOS 6D, EOS 6D Mark II, EOS R, EOS RP,
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`EOS 7D Mark II, EOS 70D, EOS 80D, EOS77D, EOS Rebel T7i, EOS Rebel SL2, EOS Rebel
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`T7, EOS M5, EOS M6, EOS M50, EOS M100, as well as PowerShot digital cameras that include
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`image correction including but not limited to G1 X, G15, G16, G1 X Mark II, G7 X, G3 X, G5 X,
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`G9 X, G7 X Mark II, G9 X Mark II and G1 X Mark III.
`
`20.
`
`On information and belief, all Canon digital video cameras imported, sold, offered
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`for sale or used in the United States within the statutory period that include digital lens aberration
`
`6
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 7 of 26 PageID #: 7
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`correction also are Infringing Products, including but not limited to the following: EOS video
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`cameras that include image correction including but not limited to EOS C100, EOS C100 Mark II,
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`EOS-1D C, EOS C200 series, EOS C300 series, EOS C300 Mark II series, EOS C700 series;
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`VIXIA models that include image correction including g but not limited to the VIXIA HF G50;
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`and XA models that include image correction including but not limited to the XA20. The model
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`numbers listed in this complaint are exemplary and not exhaustive.
`
`COUNT I
`(Infringement of the ’805 Patent)
`
`OIT repeats and re-alleges the allegations contained in paragraphs 1-20 of this
`
`21.
`
`Complaint as if fully set forth herein.
`
`22.
`
`The ’805 Patent entitled “Digital Imaging System and Methods for Selective Image
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`Filtration” was duly and legally issued by the U.S. Patent and Trademark Office on November 3,
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`2009 from Application No. 11/825/521, published at US2008/0174678 on Jul. 24, 2008, claiming
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`priority to provisional applications 60/807,065 filed on Jul. 11, 2006. A true and accurate copy of
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`the ‘805 Patent is attached hereto as Exhibit A.
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`23.
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`Each and every claim of the ‘805 Patent is valid and enforceable, and each enjoys
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`a statutory presumption of validity under 35 U.S.C. § 282.
`
`24.
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`OIT exclusively owns all rights, title, and interest in and to the ‘805 Patent and
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`possesses the exclusive right of recovery, including the exclusive right to recover for past
`
`infringement.
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`25.
`
`Claim 9 of the ‘805 Patent reads as follows and covers the Infringing Products with
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`zoom lenses:
`
`A digital imaging system for image filtration comprising:
`a digital camera mechanism, an optical lens mechanism, a digital sensor, a
`microprocessor, a digital signal processor, an application specific integrated
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`7
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 8 of 26 PageID #: 8
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`circuit, system software, a database management system and a memory
`storage sub-system;
`wherein the aberrations from the optical lens mechanism are corrected by
`applying digital filtration by using the application specific integrated circuit
`and the digital signal processor;
`wherein the microprocessor is used to provide digital and optical data to the
`digital signal processor;
`wherein the system software is organized to identify specific optical
`aberrations and to access the database to identify specific corrections to the
`aberrations;
`wherein the system software forwards the data from the digital sensor to the
`digital processor;
`wherein the digital signal processor selects a specific procedure to optimize
`the image and corrects the aberrations;
`wherein the lens type is a zoom lens;
`wherein the lens focal length alternates from specific fixed focal length lens
`settings in a succession of steps;
`wherein optical aberrations are corrected with digital filtration to modify
`multiple images from different focal lengths in a succession of data files;
`and
`wherein the modified data file consisting of the digital data optimized from
`the aberrations that are corrected from the original optical image is stored
`in memory.
`
`
`
`26.
`
`Claim 24 of the ‘805 Patent reads as follows and covers a method of using the
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`Infringing Products with zoom lenses:
`
`A method of image filtration comprising:
`a digital camera mechanism, an optical lens mechanism, a digital sensor, a
`microprocessor, a digital signal processor, an application specific integrated
`circuit, system software, a database management system and a memory
`storage sub-system;
`wherein the aberrations from the optical lens mechanism are corrected by
`applying digital filtration by using the application specific integrated circuit
`and digital signal processor, the method consisting of;
`alternating the lens focal length of a zoom lens from specific fixed focal
`length lens settings in a succession of steps;
`creating data files corresponding to each focal length lens setting;
`forwarding the data from a digital sensor to the digital signal processor;
`providing digital and optical data to a digital signal processor;
`identifying specific optical aberrations and accessing a database to identify
`specific corrections to the aberrations;
`selecting a specific procedure from the database using the microprocessor
`to optimize the image and correct the aberrations;
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`8
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 9 of 26 PageID #: 9
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`applying digital filtration by using the application specific integrated circuit
`and digital signal processor to correct digital or optical aberrations;
`correcting optical aberrations with digital filtration to modify multiple
`images from different focal lengths in a succession of data files; and
`storing the modified data files in memory.
`
`Each Infringing Product is a digital camera that constitutes a digital imaging system
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`27.
`
`for image filtration comprising a digital camera mechanism, an optical lens mechanism, a digital
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`sensor, a microprocessor, a digital signal processor, an application specific integrated circuit,
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`system software, a database management system and a memory storage sub-system. The cameras
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`require optical lens mechanisms to operate, and an example of one such camera body and lens is
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`shown on a Canon website here:
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`
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`https://www.usa.canon.com/internet/portal/us/home/products/details/cameras/eos-dslr-and-
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`mirrorless-cameras/dslr/eos-70d.
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`28.
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`Canon published the basic layout of its digital cameras in block diagram form that
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`preceded the Infringing Products and on information and belief that diagram also shows certain
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`components in the Infringing Products. The block diagram sets out a basic layout of the optical
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`lens mechanism, digital sensor, and microprocessors in camera. This diagram is published in a
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`book by Canon with periodic updates entitled Canon EF Lens Work III - The Eyes of EOS:
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`9
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 10 of 26 PageID #: 10
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`See, e.g., https://www.scribd.com/doc/6610645/Canon-EF-Lens-Work-III-The-Eyes-of-EOS-
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`
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`Sept, at 168.
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`29.
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`On information and belief, each of the Infringing Products with a zoom lens further
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`includes a database management system and memory storage sub-system, containing and directing
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`data allowing the aberrations from the optical lens mechanism to be corrected by applying digital
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`filtration by using the application specific integrated circuit and the digital signal processor;
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`wherein the microprocessor is used to provide digital and optical data to the digital signal
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`processor; wherein the system software is organized to identify specific optical aberrations and to
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`access the database to identify specific corrections to the aberrations; wherein the system software
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`10
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 11 of 26 PageID #: 11
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`forwards the data from the digital sensor to the digital processor; wherein the digital signal
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`processor selects a specific procedure to optimize the image and corrects the aberrations.
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`30.
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`On information and belief, each of the Infringing Products with a zoom lens further
`
`includes a database management system and memory storage sub-system, wherein the aberrations
`
`from the optical lens mechanism are corrected by applying digital filtration by using the
`
`application specific integrated circuit and the digital signal processor; wherein the microprocessor
`
`is used to provide digital and optical data to the digital signal processor; wherein the system
`
`software is organized to identify specific optical aberrations and to access the database to identify
`
`specific corrections to the aberrations; wherein the system software forwards the data from the
`
`digital sensor to the digital processor; wherein the digital signal processor selects a specific
`
`procedure to optimize the image and corrects the aberrations; wherein the lens type is a zoom lens;
`
`wherein the lens focal length alternates from specific fixed focal length lens settings in a succession
`
`of steps; wherein optical aberrations are corrected with digital filtration to modify multiple images
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`from different focal lengths in a succession of data files; and wherein the modified data file
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`consisting of the digital data optimized from the aberrations that are corrected from the original
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`optical image is stored in memory.
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`31.
`
`As one example, the EOS 70D includes lens aberration correction based on stored
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`lens information and stores that information in a database in the camera. The EOS 70D is used
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`with a variety of compatible zoom lenses. According to Canon, “the EOS 70D is compatible with
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`over 103 Canon EF lenses.” https://www.usa.canon.com/internet/portal/us/home/products/details/
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`cameras/eos-dslr-and-mirrorless-cameras/dslr/eos-70d. The EOS 70D also has a digital sensor,
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`specifically a 20.2 Megapixel CMOS (APS-C) sensor. Id. The EOS 70D stores and uses database
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`data for lens aberration correction. For example, the user manual for the camera at p. 107 states:
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`11
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`

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`“Peripheral light fall-off is a phenomenon that makes the image corners look darker due to the lens
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`characteristics. Color fringing along subject outlines is called chromatic aberration. Both lens
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`aberrations can be corrected. The default settings are [Enable] for both corrections.” At p. 108 the
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`same manual states, “The camera already contains lens peripheral illumination correction data and
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`chromatic aberration correction data for approx. 25 lenses. If you select [Enable], the peripheral
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`illumination correction and chromatic aberration correction will be applied automatically for any
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`lens whose correction data is registered in the camera. With EOS Utility (provided software), you
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`can check which lenses have their correction data registered in the camera. You can also register
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`the correction data for unregistered lenses.” Similarly, the EOS 5DS and EOS 5DS R perform
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`“In-camera
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`lens
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`aberration
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`correction.” https://cpn.canon-europe.com/content/education/
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`technical/inside_the_eos_5ds_and_eos_5ds_r.do. The Infringing Products may include one or
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`both of these aberration corrections and/or may include other optical aberration corrections.
`
`32.
`
`Canon Infringing Products use at least one application specific integrated circuit
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`(ASIC) and a digital signal processor as well as a microprocessor in proprietary circuitry known
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`as “DIGIC” or “DiG!C.” The EOS 70D, for example, according to Canon, includes a “powerful
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`DIGIC
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`5+
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`Image
`
`Processor.”
`
`https://www.usa.canon.com/internet/portal/us/home/
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`products/details/cameras/eos-dslr-and-mirrorless-cameras/dslr/eos-70d. See also EOS 70D
`
`Instruction Manual, at 37 (use with zoom lens). On information and belief, the Infringing Products
`
`include onboard software that directs the digital signal processor to select a specific procedure to
`
`optimize the image and correct aberrations wherein the lens focal length alternates from specific
`
`fixed focal length lens settings in a succession of steps; wherein optical aberrations are corrected
`
`with digital filtration to modify multiple images from different focal lengths in a succession of
`
`12
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 13 of 26 PageID #: 13
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`data files; and wherein the modified data file consisting of the digital data optimized from the
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`aberrations that are corrected from the original optical image is stored in memory.
`
`33.
`
`On information and belief, Canon digital
`
`cameras also
`
`infringe by applying other
`
`in-camera
`
`correction. As one additional nonlimiting example,
`
`Canon’s EOS Rebel SL2 cameras include not only
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`peripheral
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`illumination
`
`and
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`chromatic
`
`aberration
`
`correction, but also diffraction correction as seen, for example, in the EOS Rebel SL2 Instruction
`
`Manual posted by Canon on the Internet at p. 153:
`
`
`
`34.
`
`As with the EOS 70D, the information regarding lens aberration correction data in
`
`the EOS Rebel SL2 and other Canon Infringing Products is stored in an in-camera database. The
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`same instruction manual at p. 157, for example, states, “The lens aberration correction data for
`
`lens aberration corrections is registered (stored) in the camera. With [Enable] selected, the
`
`peripheral illumination correction, chromatic aberration correction, distortion correction, and
`
`diffraction correction will be applied automatically. With EOS Utility (EOS software, p.444),
`
`you can check which lenses have their correction data registered in the camera. You can also
`
`register the correction data for unregistered lenses.”
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`13
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 14 of 26 PageID #: 14
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`35.
`
`Canon Infringing Products use the ASIC and digital signal processor following the
`
`‘805 Patent claims above to apply digital correction to both still and motion images, i.e., video
`
`recording.
`
` See, e.g., https://www.usa.canon.com/internet/portal/us/home/products/details/
`
`cameras/eos-dslr-and-mirrorless-cameras/dslr/eos-70d (“the DIGIC 5+ Image Processor offers
`
`real-time compensation for chromatic aberration in both still and motion images”). The Infringing
`
`Products may also infringe other claims of the ‘805 Patent.
`
`36.
`
`Defendant has been and is now directly infringing, literally and/or under the
`
`doctrine of equivalents because without authority it makes, uses, offers to sell, and/or sells within
`
`the United States the patented invention of one or more claims, including at least claim 9 and/or
`
`claim 24 of the ‘805 Patent. Defendant is therefore liable to OIT for patent infringement under 35
`
`U.S.C. § 271(a).
`
`37.
`
`In view of the foregoing, Defendant directly infringes at least claims 9 and/or 24 of
`
`the ‘805 Patent.
`
`38.
`
`Further, Defendant’s customers and end users who offer for sale, sell, and/or use
`
`the Infringing Products directly infringe at least claims 9 and/or 24 of the ‘805 Patent.
`
`39.
`
`Furthermore, Defendant has been and is now liable under 35 U.S.C. § 271(b) for
`
`actively inducing infringement of one more claims including at least claim 9 and/or claim 24 of
`
`the ‘805 patent. On information and belief, as set forth below Canon has or should have had actual
`
`notice of the ‘805 Patent since at least 2010. Additionally, Canon has had actual notice of the ‘805
`
`Patent since at least its receipt of OIT’s complaint. Despite such knowledge, Canon has intended
`
`that its customers and end users infringe the ‘805 Patent by selling, offering for sale, and/or using
`
`the Infringing Products in the United States, and has actively induced such infringement by
`
`instructing users in the United States to practice ‘805 patent claims in their user manuals, posted
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`14
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`

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`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 15 of 26 PageID #: 15
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`videos and/or other materials with knowledge of the ‘805 patent as set forth in this complaint and
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`with knowledge of the ‘805 patent since at least the time Canon became aware of the ‘805 Patent.
`
`40.
`
`Further, Defendant has been and is now liable under 35 U.S.C. § 271(c) because it
`
`offers to sell or sells within the United States or imports into the United States a component of a
`
`machine patented by one or more claims including at least claim 9 and/or claim 24 of the ‘805
`
`patent that constitutes a material part of the invention, knowing the same to be especially made or
`
`especially adapted for use in an infringement of such patent, and not a staple article or commodity
`
`of commerce suitable for substantial noninfringing use.
`
`41.
`
`As a result of Defendant’s infringement of the ‘805 Patent, OIT has suffered and
`
`continues to suffer damages. Thus, OIT is entitled to recover from Defendant the damages OIT
`
`sustained as a result of Canon’s wrongful and infringing acts in an amount no less than a reasonable
`
`royalty, together with interest and costs fixed by this Court under 35 U.S.C. § 284.
`
`42.
`
`OIT has suffered damage because of the infringing activities of Defendant, its
`
`officers, agents, servants, employees, associates, partners, and other persons who are in active
`
`concert or participation therewith, and OIT will continue to suffer irreparable harm for which there
`
`is no adequate remedy at law unless Defendant’s infringing activities are preliminarily and
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`permanently enjoined by this Court.
`
`43.
`
`Defendant’s infringement of the ‘805 Patent was, is, and continues to be deliberate
`
`and willful. The ‘805 Patent application was published on July 24, 2008 and the ‘805 Patent issued
`
`on November 3, 2009. On information and belief, Canon has had actual notice of the ‘805 Patent
`
`at least as early as 2010 when the published application for the ‘805 Patent (US 2008/0174678)
`
`was cited as prior art during the prosecution of one of Canon’s own patent applications, U.S. Patent
`
`Appl. No. 12/780,164. The same ‘805 published application was cited again in another Canon
`
`15
`
`

`

`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 16 of 26 PageID #: 16
`
`patent application in 2012, U.S. Patent Appl. No. 13/467,098. The same ‘805 published
`
`application was cited a third time in 2013 during the prosecution of another of Canon’s patents,
`
`U.S. Patent No. 8,861,852. Thus, Canon was informed repeatedly of the disclosures of the ‘805
`
`Patent, but continued to infringe nonetheless. Moreover, Canon was and is on notice of the ‘805
`
`Patent at least as early as the filing of the Complaint in this lawsuit, yet Defendant continued and
`
`continues to infringe the ‘805 Patent.
`
`COUNT II
`(Infringement of the ‘339 Patent)
`
`OIT repeats and re-alleges the allegations contained in paragraphs 1-43 of this
`
`44.
`
`Complaint as if fully set forth herein.
`
`45.
`
`The ’339 Patent entitled “Digital Imaging System for Correcting Image
`
`Aberrations” was duly and legally issued by the U.S. Patent and Trademark Office on May 28,
`
`2013 from Application No. 12/586,221, claiming priority to the ‘805 Patent application as well as
`
`the provisional application 60/807,065 filed on Jul. 11, 2006. A true and accurate copy of the ‘339
`
`Patent is attached hereto as Exhibit B.
`
`46.
`
`Each and every claim of the ‘339 Patent is valid and enforceable, and each enjoys
`
`a statutory presumption of validity under 35 U.S.C. § 282.
`
`47.
`
`OIT exclusively owns all rights, title, and interest in and to the ‘339 Patent and
`
`possesses the exclusive right of recovery, including the exclusive right to recover for past
`
`infringement.
`
`48.
`
`Claim 6 of the ‘339 Patent recites:
`
`A digital imaging system for correcting image aberrations comprising:
`a digital camera mechanism, an optical lens mechanism, a digital sensor, an
`integrated circuit, a digital signal processor, system software, a database
`management system and a memory storage sub-system;
`
`16
`
`

`

`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 17 of 26 PageID #: 17
`
`wherein the optical lens mechanism is a zoom lens or a fixed focal length
`lens;
`wherein the image data file is forwarded from the digital sensor to storage
`in memory;
`wherein at least one optical and/or digital aberration in the image file are
`identified by comparing image files in the database management system by
`using the system software and the integrated circuit;
`wherein the at least one filtration algorithms required to correct the at least
`one optical and/or digital aberration are sent from the integrated circuit to
`the digital signal processor;
`wherein the at least one optical and/or digital aberration from the optical
`lens mechanism are corrected by using the digital signal processor to apply
`digital filtration algorithm; and
`wherein the modified digital file consisting of the digital data optimized
`from the at least one aberration that are corrected from the original optical
`image is stored in memory.
`
`On information and belief, each of the Infringing Products constitutes a digital
`
`49.
`
`imaging system for correcting image aberrations comprising a digital camera mechanism, an
`
`optical lens mechanism, a digital sensor, an integrated circuit, a digital signal processor, system
`
`software, a database management system and a memory storage sub-system. In each of the
`
`Infringing Products, the optical lens mechanism is either a zoom lens or a fixed focal length lens,
`
`and each Infringing Products includes memory storage where image data files are forwarded from
`
`the digital sensor to storage in memory. Additionally, on further information and belief, in each
`
`Infringing Product, at least one optical and/or digital aberration in the image file are identified by
`
`comparing image files in the database management system by using the system software and the
`
`integrated circuit that is included in the camera, at least one filtration algorithms required to correct
`
`the at least one optical and/or digital aberration are sent from the integrated circuit to the digital
`
`signal processor, and are corrected by using the digital signal processor to apply digital filtration
`
`algorithm, wherein the modified digital file consisting of the digital data optimized from the at
`
`least one aberration that are corrected from the original optical image is stored in memory.
`
`17
`
`

`

`Case 2:19-cv-00246-JRG Document 1 Filed 07/08/19 Page 18 of 26 PageID #: 18
`
`50.
`
`As one example, the EOS 70D includes lens aberration correction and stores that
`
`information in a database in the camera based on stored lens information. The EOS 70D has a
`
`variety of compatible lenses including both zoom lenses and fixed focal length lenses. According
`
`to Canon, “the EOS 70D
`
`is compatible with over 103 Canon EF
`
`lenses.”
`
`https://www.usa.canon.com/internet/portal/us/home/products/details/cameras/eos-dslr-and-
`
`mirrorless-cameras/dslr/eos-70d. See also EOS 70D Instruction Manual, at 37 (use with zoom
`
`lens). The EOS 70D also has a digital sensor, specifically a 20.2 Megapixel CMOS (APS-C)
`
`sensor. Id. It stores and uses database data for lens aberration correction. For example, the user
`
`manual for the camera at p. 107 states: “Peripheral light fall-off is a phenomenon that makes the
`
`image corners look darker due to the lens characteristics. Color fringing along subject outlines is
`
`called chromatic aberration. Both lens aberrations can be corrected. The default settings are
`
`[Enable] for both corrections.” At p. 108 the same manual states, “The camera already contains
`
`lens peripheral illumination correction data and chromatic aberration correction data for approx.
`
`25 lenses. If you select [Enable], the peripheral illumination correction and chromatic aberrati

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