throbber
IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`Cedar Lane Technologies Inc.,
`
`Plaintiff,
`
`v.
`
`Huawei Technologies USA Inc.,
`
`Defendant.
`
`
`
`Case No. 2:20-cv-234
`
`Patent Case
`
`Jury Trial Demanded
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Cedar Lane Technologies Inc. (“Plaintiff”), through its attorneys, complains of
`
`Huawei Technologies USA Inc. (“Defendant”), and alleges the following:
`
`PARTIES
`
`1.
`
`Plaintiff Cedar Lane Technologies Inc. is a corporation organized and existing
`
`under the laws of Canada that maintains its principal place of business at 560 Baker Street, Suite
`
`1, Nelson, BC V1L 4H9.
`
`2.
`
`Defendant Huawei Technologies USA Inc. is a corporation organized and existing
`
`under the laws of Texas that maintains an established place of business at 2391 NE Interstate 410
`
`Loop, San Antonio, TX 78217.
`
`JURISDICTION
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`4.
`
`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`
`
`1
`
`

`

`5.
`
`This Court has personal jurisdiction over Defendant because it has engaged in
`
`systematic and continuous business activities in this District, and is incorporated in this District’s
`
`state. As described below, Defendant has committed acts of patent infringement giving rise to
`
`this action within this District.
`
`VENUE
`
`6.
`
`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
`
`committed acts of patent infringement in this District, has an established place of business in this
`
`District, and is incorporated in this District’s state. In addition, Plaintiff has suffered harm in this
`
`district.
`
`PATENTS-IN-SUIT
`
`7.
`
`Plaintiff is the assignee of all right, title and interest in United States Patent Nos.
`
`6,473,527 (the “’527 Patent”); 6,516,147 (the “’147 Patent”); 6,566,805 (the “’805 Patent”);
`
`6,972,774 (the “’774 Patent”); 6,972,790 (the “’790 Patent”); 7,292,261 (the “’261 Patent”);
`
`8,537,242 (the “’242 Patent”); 9,961,264 (the “’264 Patent”); (collectively the “Patents-in-Suit”);
`
`including all rights to enforce and prosecute actions for infringement and to collect damages for
`
`all relevant times against infringers of the Patents-in-Suit. Accordingly, Plaintiff possesses the
`
`exclusive right and standing to prosecute the present action for infringement of the Patents-in-
`
`Suit by Defendant.
`
`The ’527 Patent
`
`8.
`
`The ’527 Patent is entitled “Module and method for interfacing analog/digital
`
`converting means and JPEG compression means,” and issued 10/29/2002. The application
`
`leading to the ’527 Patent was filed on 6/1/1999. A true and correct copy of the ’527 Patent is
`
`attached hereto as Exhibit 1 and incorporated herein by reference.
`
`
`
`2
`
`

`

`9.
`
`The ’527 Patent is valid and enforceable.
`
`The ’147 Patent
`
`10.
`
`The ’147 Patent is entitled “Scene recognition method and system using
`
`brightness and ranging mapping,” and issued 2/4/2003. The application leading to the ’147
`
`Patent was filed on 12/19/2000. A true and correct copy of the ’147 Patent is attached hereto as
`
`Exhibit 2 and incorporated herein by reference.
`
`11.
`
`The ’147 Patent is valid and enforceable.
`
`The ’805 Patent
`
`12.
`
`The ’805 Patent is entitled “Organic electro-luminescent device with first and
`
`second composite layers,” and issued 5/20/2003. The application leading to the ’805 Patent was
`
`filed on 9/28/2000. A true and correct copy of the ’805 Patent is attached hereto as Exhibit 3 and
`
`incorporated herein by reference.
`
`13.
`
`The ’805 Patent is valid and enforceable.
`
`The ’774 Patent
`
`14.
`
`The ’774 Patent is entitled “Image processing system for inserting plurality of
`
`images into composite area, and medium,” and issued 12/6/2005. The application leading to the
`
`’774 Patent was filed on 12/18/2000. A true and correct copy of the ’774 Patent is attached
`
`hereto as Exhibit 4 and incorporated herein by reference.
`
`15.
`
`The ’774 Patent is valid and enforceable.
`
`The ’790 Patent
`
`16.
`
`The ’790 Patent is entitled “Host interface for imaging arrays,” and issued
`
`12/6/2005. The application leading to the ’790 Patent was filed on 12/21/2000. A true and
`
`
`
`3
`
`

`

`correct copy of the ’790 Patent is attached hereto as Exhibit 5 and incorporated herein by
`
`reference.
`
`17.
`
`The ’790 Patent is valid and enforceable.
`
`The ’261 Patent
`
`18.
`
`The ’261 Patent is entitled “Virtual reality camera,” and issued 11/6/2007. The
`
`application leading to the ’261 Patent was filed on 8/20/1999. A true and correct copy of the ’261
`
`Patent is attached hereto as Exhibit 6 and incorporated herein by reference.
`
`19.
`
`The ’261 Patent is valid and enforceable.
`
`The ’242 Patent
`
`20.
`
`The ’242 Patent is entitled “Host interface for imaging arrays,” and issued
`
`9/17/2013. The application leading to the ’242 Patent was filed on 10/27/2005. A true and
`
`correct copy of the ’242 Patent is attached hereto as Exhibit 7 and incorporated herein by
`
`reference.
`
`21.
`
`The ’242 Patent is valid and enforceable.
`
`The ’264 Patent
`
`22.
`
`The ’264 Patent is entitled “Virtual reality camera,” and issued 5/1/2018. The
`
`application leading to the ’264 Patent was filed on 8/29/2011. A true and correct copy of the ’264
`
`Patent is attached hereto as Exhibit 8 and incorporated herein by reference.
`
`23.
`
`The ’264 Patent is valid and enforceable.
`
`COUNT 1: INFRINGEMENT OF THE ’527 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`24.
`
`25.
`
`or more claims of the ’527 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`
`
`4
`
`

`

`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’527 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’527 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’527 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`26.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’527 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`27.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`28.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’527 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’527 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’527
`
`Patent.
`
`29.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’527 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’527 Patent.
`
`
`
`5
`
`

`

`30.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’527
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`’527 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`31.
`
`Exhibit 9 includes charts comparing the Exemplary ’527 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’527 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’527 Patent Claims.
`
`32.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 9.
`
`33.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`34.
`
`35.
`
`COUNT 2: INFRINGEMENT OF THE ’147 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’147 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’147 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’147 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`
`
`6
`
`

`

`’147 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`36.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’147 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`37.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`38.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’147 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’147 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’147
`
`Patent.
`
`39.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’147 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’147 Patent.
`
`40.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’147
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`
`
`7
`
`

`

`’147 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`41.
`
`Exhibit 10 includes charts comparing the Exemplary ’147 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’147 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’147 Patent Claims.
`
`42.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 10.
`
`43.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`44.
`
`45.
`
`COUNT 3: INFRINGEMENT OF THE ’805 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’805 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’805 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’805 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’805 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`46.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’805 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`
`
`8
`
`

`

`47.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`48.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’805 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’805 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’805
`
`Patent.
`
`49.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’805 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’805 Patent.
`
`50.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’805
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`’805 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`51.
`
`Exhibit 11 includes charts comparing the Exemplary ’805 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’805 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’805 Patent Claims.
`
`
`
`9
`
`

`

`52.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 11.
`
`53.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`54.
`
`55.
`
`COUNT 4: INFRINGEMENT OF THE ’774 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’774 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’774 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’774 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’774 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`56.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’774 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`57.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`58.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’774 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`
`
`10
`
`

`

`products in the customary and intended manner that infringes the ’774 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’774
`
`Patent.
`
`59.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’774 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’774 Patent.
`
`60.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’774
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`’774 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`61.
`
`Exhibit 12 includes charts comparing the Exemplary ’774 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’774 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’774 Patent Claims.
`
`62.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 12.
`
`63.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`COUNT 5: INFRINGEMENT OF THE ’790 PATENT
`
`64.
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`
`
`11
`
`

`

`65.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’790 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’790 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’790 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’790 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`66.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’790 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`67.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`68.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’790 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’790 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’790
`
`Patent.
`
`69.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’790 Patent, literally or by the doctrine of
`
`
`
`12
`
`

`

`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’790 Patent.
`
`70.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’790
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`’790 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`71.
`
`Exhibit 13 includes charts comparing the Exemplary ’790 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’790 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’790 Patent Claims.
`
`72.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 13.
`
`73.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`74.
`
`75.
`
`COUNT 6: INFRINGEMENT OF THE ’261 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’261 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’261 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’261 Patent Claims”) literally or by the doctrine of
`
`
`
`13
`
`

`

`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’261 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`76.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’261 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`77.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`78.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’261 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’261 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’261
`
`Patent.
`
`79.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’261 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’261 Patent.
`
`80.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’261
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`
`
`14
`
`

`

`’261 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`81.
`
`Exhibit 14 includes charts comparing the Exemplary ’261 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’261 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’261 Patent Claims.
`
`82.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 14.
`
`83.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`84.
`
`85.
`
`COUNT 7: INFRINGEMENT OF THE ’242 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’242 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’242 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’242 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’242 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`86.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’242 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`
`
`15
`
`

`

`87.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`88.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’242 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’242 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’242
`
`Patent.
`
`89.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’242 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’242 Patent.
`
`90.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’242
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`’242 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`91.
`
`Exhibit 15 includes charts comparing the Exemplary ’242 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’242 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’242 Patent Claims.
`
`
`
`16
`
`

`

`92.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 15.
`
`93.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`94.
`
`95.
`
`COUNT 8: INFRINGEMENT OF THE ’264 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’264 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’264 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’264 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’264 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`96.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’264 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`97.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`98.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’264 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`
`
`17
`
`

`

`products in the customary and intended manner that infringes the ’264 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’264
`
`Patent.
`
`99.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’264 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’264 Patent.
`
`100. Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’264
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`’264 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`101. Exhibit 16 includes charts comparing the Exemplary ’264 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’264 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’264 Patent Claims.
`
`102. Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 16.
`
`103. Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`JURY DEMAND
`
`
`
`18
`
`

`

`104. Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
`
`requests a trial by jury on all issues so triable.
`
`WHEREFORE, Plaintiff respectfully requests the following relief:
`
`PRAYER FOR RELIEF
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
`
`I.
`
`J.
`
`K.
`
`L.
`
`A judgment that the ’527 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the ’527 Patent;
`
`A judgment that the ’147 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the ’147 Patent;
`
`A judgment that the ’805 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced

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