Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 1 of 18 PageID #: 1
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`THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`Civil Action No.: 2:20-cv-00269
`
`JURY TRIAL DEMANDED
`
`v.
`
`
`Garrity Power Services LLC,
`
`Plaintiff,
`
`
`
`Samsung Electronics Co. Ltd. and Samsung
`Electronics America, Inc.,
`
`
`
`
`Defendants.
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`1.
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`This is an action for patent infringement of United States Patent No. 9,906,067
`
`(the “’067 Patent”) in which Garrity Power Services LLC (“GPS” or “Plaintiff”) makes the
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`following allegations against Samsung Electronics Co. Ltd. and Samsung Electronics America,
`
`Inc. (collectively, “Samsung” or “Defendants”):
`
`I. PARTIES
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`2.
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`Plaintiff GPS is a limited liability company organized under the laws of the State
`
`of Texas and has its principal place of business at 1830 Kelly Lane, Rockwall, Texas 75087.
`
`3.
`
`On information and belief, Defendant Samsung Electronics Co. Ltd. (“SEC”) is a
`
`corporation organized and existing under the laws of the Republic of Korea with a principal
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`place of business located at 129, Samsung-ro, Yeongtong-gu, Suwon-si, Gyonggi-do, Korea 443-
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`742.
`
`4.
`
`On information and belief, Defendant Samsung Electronics America, Inc.
`
`(“SEA”) is a corporation organized and existing under the laws of the State of New York, with a
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`principal place of business located at 85 Challenger Road, Ridgefield Park, New Jersey 07660.
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`SEA has corporate offices in the Eastern District of Texas at 1301 E. Lookout Drive, Richardson,
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`TX 75082 and 2800 Technology Drive, Suite 200, Plano, Texas 75074. SEA is believed to be a
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`Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 2 of 18 PageID #: 2
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`wholly-owned subsidiary of SEC and is SEC’s U.S. subsidiary that sells consumer electronics
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`goods and mobile devices in the United States. SEA may be served via its registered agent for
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`service of process: C T Corporation System, 1999 Bryan St., Ste. 900, Dallas, TX 75201.
`
`5.
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`Defendants have authorized sellers and sales representatives that offer and sell
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`products pertinent to this Complaint throughout the State of Texas, including this District and to
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`consumers throughout this District, such as, through Defendants’ ecommerce website,
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`www.samsung.com.
`
`II.
`
`JURISDICTION, VENUE, AND
`JOINDER
`
`6.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code.
`
`7.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`8.
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`Each of the Defendants is subject to this Court’s specific and general personal
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`jurisdiction consistent with the principles of due process and/or the Texas Long Arm Statute.
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`9.
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`Personal jurisdiction exists generally over the Defendants because each of the
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`Defendants has sufficient minimum contacts with the forum as a result of business conducted
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`within the State of Texas and the Eastern District of Texas, and each of the Defendants is or
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`should be registered with the Secretary of State to do business in the State of Texas. Personal
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`jurisdiction also exists over each of the Defendants because each, directly or through subsidiaries
`
`or intermediaries, makes, uses, sells, offers for sale, imports, advertises, makes available, and/or
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`markets products within the State of Texas and the Eastern District of Texas that infringe one or
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`more claims of the patent asserted in this Complaint, as alleged more particularly below.
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`10.
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`Venue is proper in this district under 28 U.S.C. §§ 1391(b), 1391(c), and 1400(b)
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`because each of the Defendants is subject to personal jurisdiction in this District and has
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`committed acts of infringement in this District. Each of the Defendants, through its own acts
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`and/or through the acts of others (including each other Defendant) acting as its representative,
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`Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 3 of 18 PageID #: 3
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`alter ego, or agent, makes, uses, sells, and/or offers to sell infringing products within this
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`District, has a continuing presence within the District, and has the requisite minimum contacts
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`with the District such that this venue is a fair and reasonable one. Upon information and belief,
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`each of the Defendants has transacted, and at the time of the filing of the Complaint, is
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`continuing to transact business within this District.
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`11.
`
`Defendants are properly joined under 35 U.S.C. § 299(a)(1) because, as set forth
`
`in greater detail below, Defendants, through their own acts and/or through the acts of each other
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`Defendant acting as its representative, alter ego, or agent, commonly and/or jointly manufacture,
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`use, import, sell, and/or offer for sale infringing accused products (described in more detail
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`below), such that at least one right to relief is asserted against Defendants jointly, severally, and
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`in the alternative with respect to the same transactions, occurrences, or series of transactions or
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`occurrences relating to the making, using, selling and/or offering to sell in, and/or importing into
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`the United States the same accused products.
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`12.
`
`Defendants are properly joined under 35 U.S.C. § 299(a)(2) because, as set forth
`
`in greater detail below, Defendants, through their own acts and/or through the acts of each other
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`Defendant acting as its representative, alter ego, or agent, make, use, sell and/or offer to sell in,
`
`and/or import into the United States the same or similar accused products, such that questions of
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`fact will arise that are common to all Defendants.
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`13.
`
`Upon information and belief, each of the Defendants serves as representative,
`
`alter ego, and/or agent of each other Defendant for the purposes of conducting business in the
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`United States and this District as relates to making, using, selling, offering to sell, and importing
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`into the United States infringing goods and services.
`
`14.
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`In addition, upon information and belief, Defendant SEC, along with its numerous
`
`subsidiaries including Defendant SEA, operates as a single enterprise operating under the
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`“Samsung” brand. Defendant SEC, along with its numerous subsidiaries including SEA, each
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`exercises direction and control over the performance of each other, or they form a joint enterprise
`
`such that the performance by one is attributable to each other.
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`Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 4 of 18 PageID #: 4
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`A. The ’067 Patent
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`III. BACKGROUND
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`15.
`
`Plaintiff GPS is the owner by assignment of United States Patent No. 9,906,067
`
`(the “’067 Patent”) titled “Apparatus, System and Method to Wirelessly Charge/Discharge a
`
`Battery.” The ’067 Patent was duly issued by the United States Patent and Trademark Office
`
`(“USPTO”) on February 27, 2018. A true and correct copy of the ’067 Patent is attached hereto
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`as Exhibit A.
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`16. Mr. Paul Garrity of Rockwall, Texas and Mr. Aaron Jungreis of Ra’anana, Israel
`
`are named inventors for the ’067 Patent.
`
`17.
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`GPS owns by assignment all right, title, and interest in and to the ʼ067 Patent,
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`including the right to all remedies for past and ongoing infringement thereof.
`
`18.
`
`The ’067 Patent generally relates to bidirectional wireless charging. It provides
`
`many advantages over conventional systems. It provides safety advantages over a wired system,
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`while also providing efficient and bidirectional charging capabilities. It further may reduce need
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`for metallic contacts, thereby reducing concerns of corrosion of battery contacts. It further may
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`reduce need for devices to be connected to the utility grid to recharge. It allows a single battery
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`to wirelessly interface with many devices. It also allows for efficient transfer of power in both
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`directions and may regulate an output characteristic (e.g., an output voltage) and may obviate the
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`need for a post regulator regardless of the direction of power transfer.
`
`B.
`
`Inventors; GPS; Neosen Energy
`
`19. Mr. Garrity was born and raised in and around Wishaw, Scotland, United
`
`Kingdom. He attended Edinburgh Napier University where he earned—with honors—a
`
`Bachelor of Engineering in Electrical, Electronics and Communications Engineering in 1992.
`
`Mr. Garrity has more than 30 years’ experience in the design and product development business.
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`He moved to the United States in 1996. He has resided and worked in and around the Dallas-
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`Plano-Rockwall area of Texas since 2004, where he raised his family.
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`20. Mr. Garrity founded GPS in 2005 and is the chief executive officer (CEO) of
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`GPS. GPS is a company focused on technologies delivering smart wireless and energy products
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`to the Industrial Medical, Automotive and Consumer markets, in North America, Europe, and
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`Asia. With an emphasis on handset, tablet, and laptop integration, GPS leads the market in
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`technology and innovation. GPS has expertise in leveraging innovative technology in wireless
`
`charging, energy harvesting, and isolated power and radio systems, among other things.
`
`21.
`
`In addition, Mr. Garrity founded a company called Neosen Energy LLC
`
`(“Neosen”) in 2014. Mr. Garrity is also the CEO of Neosen. Neosen has its principal place of
`
`business in Plano, Texas, where it has offices, an engineering lab, and a manufacturing facility,
`
`among other things. Neosen also has offices located in Sha Tin, Hong Kong. Neosen, inter alia,
`
`designs, manufactures, and sells products related to wireless charging, RF systems, and
`
`disposable sensor tags. Neosen manufactures certain products out of its Plano headquarters and
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`also uses off-shore manufacturing for higher volume production. Neosen employs (including
`
`contractors) approximately thirteen persons, with the majority working out of Neosen’s Plano
`
`headquarters.
`
`22.
`
`The below photographs depict portions of the engineering lab and manufacturing
`
`facility, respectively, where Mr. Garrity works:
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`23.
`
`Prior to launching GPS, Mr. Garrity worked in a variety of senior technical and
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`managerial roles (e.g., vice president and chief technology officer) at well-known technology
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`enterprises, including GEC Marconi (UK) Minebea, Flextronics, LSGC, FlexPower, and
`
`Enecsys. Over his tenure, Mr. Garrity has successfully innovated and developed several key
`
`products for IBM, Dell, Apple, HP, Microsoft, Canadian Solar, and Toshiba.
`
`24.
`
`Leaving the UK in 1996, Mr. Garrity led efforts to setup design and
`
`manufacturing in the United States for the Minebea Group and for providing product solutions to
`
`Dell, Sony, and HP.
`
`25. Mr. Garrity is the inventor of over 43 patents and continues to innovate with
`
`additional publications in process.
`
`26.
`
`Dr. Jungreis, the second named inventor on the ’067 Patent, is currently employed
`
`as a research and development engineer for GPS and Neosen. He currently resides in Ra’anana,
`
`Israel. He has worked for GPS since 2013 to present; he has also worked for Neosen since 2014
`
`to present.
`
`27.
`
`Dr. Jungreis was awarded a Bachelor of Science in Electrical Engineering by the
`
`Massachusetts Institute of Technology (MIT) in 1983. He was also awarded a Masters in
`
`Electrical Engineering by Cornell University in 1984. He was also awarded a PhD in Electrical
`
`Engineering by Duke University in 1993.
`
`28.
`
`Since then, Dr. Jungreis has held numerous senior engineering position with
`
`various companies. He is the named inventor on over 40 issued United States patents and has
`
`published numerous scholarly articles.
`
`29. Mr. Garrity and his companies have received numerous awards related to their
`
`technological achievements. For instance,
`
`
`
`
`
`Innovation awards, Gold Medal winner with congratulation from juries,
`
`45th Geneva Inventions (Innovative Portable Solar System);
`
`Innovation awards, Gold Medal winner with congratulation from juries,
`
`46th Geneva Inventions (Cattle Tracking System);
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`
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`
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`
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`
`
`
`
`
`
`
`
`
`
`
`
`TechCrunch 2016 San Francisco Disrupt Pavilion Alley (Power Beam
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`Technology);
`
`Korea BIXPO 2017 Green Technology Award, Bronze Medal Winner
`
`(Portable Solar System);
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`Korea BIXPO 2018 Green Technology Award, Gold Medal Winner
`
`(Elderly Tracking System);
`
`HKAI Awards for Industries 2017, Certificate of Merit, Machinery and
`
`Equipment (Portable Solar System);
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`HKAI Awards for Industries 2018, Innovation Medal, Machinery and
`
`Equipment (Cattle Tracking system);
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`HKAI Awards for Industries 2018, Certificate of Merit, Technological
`
`Achievement (Cattle Tracking System);
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`Hong Kong Environment Excellence Award 2017, Certificate of Merit,
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`Green Innovation Award (Portable Solar System);
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`CES Innovation Award 2019, Smart Energy (Disposable Printable Battery
`
`on Asset Tracking Tags); and
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`R&D100 Awards 2019 (A Green Battery Printed on LoRa IoT Devices).
`
`30.
`
`Certain of those awards relate to technologies that include wireless charging.
`
`C. The Accused Products
`
`31.
`
`Upon information and belief, Defendants make, import, use, sell, and/or offer to
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`sell in the United States, directly or through intermediaries, mobile devices that wirelessly charge
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`and discharge a battery (the “Accused Products,” further defined below).
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`32.
`
`The Accused Products include at least Defendants’ products that support the
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`feature advertised by Defendants as “Wireless PowerShare” (the “Wireless PowerShare”
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`feature).
`
`33.
`
`The Accused Products include at least the following “Samsung”-branded
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`Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 8 of 18 PageID #: 8
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`products:
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`
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`
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`
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`
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`
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`
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`Galaxy Fold;
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`Galaxy Note10, Note10+, and Note10+ 5G;
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`Galaxy S10e, S10, S10+, and S10 5G;
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`Galaxy Z Flip;
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`Galaxy S20 5G, S20+ 5G, and S20 Ultra 5G; and
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`Galaxy Note20 and Note20 Ultra 5G.
`
`34.
`
`Defendants’ Wireless PowerShare feature has been highly touted in Defendants’
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`marketing and advertising and other promotional activities, e.g., as shown:
`
`(Official Phone Commercials HD, Samsung Galaxy S10 Official
`Ad, YOUTUBE.COM (Feb. 20, 2019))1
`
`
`
`
`*
`
`*
`
`*
`
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`1 Available at https://www.youtube.com/watch?v=r2Zl67Jlhno (last visited Aug. 13, 2020).
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`
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`. . . .
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`We had no difficulty activating Samsung’s Wireless
`PowerShare feature after turning it on via the quick
`settings notification shade. We placed our Galaxy Buds
`case on the lower third of the S10 back and the earbuds
`began charging almost instantly. It even charged our
`iPhone XS Max.
`
`in which Wireless
`laid out two scenarios
`Samsung
`PowerShare would be helpful: charging a friend’s phone,
`or charging your Galaxy Buds at night, effectively making
`your plugged-in S10 a mobile Qi charger pad. Samsung
`noted, though, that PowerShare won’t work when the
`phone is below 30%.
`
`(M. Swider et al., Samsung Galaxy Note 10
`TECHRADAR.COM)2
`
`review,
`
`*
`
`*
`
`*
`
`Wireless charging is on hand, and you’ll also be able to
`use Samsung’s Wireless PowerShare feature to charge
`compatible devices like headphones, smartwatches or
`other phones from your Note 10.
`
`
`2 Available at https://www.techradar.com/reviews/samsung-galaxy-s10 (last visited Aug. 13,
`2020).
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`That’s super handy for when you have a device that has
`run out of battery, such as Samsung’s Galaxy Buds
`headphones. Perhaps the most exciting part of this
`feature though is that you can use it to recharge other
`smartphones.
`
`Your friend ran out of charge while you’re in the pub? Set
`up your Note 10 to do PowerShare in the settings and
`you’ll be able to place their device on top of yours to
`pump it with a slight amount of battery (assuming their
`phone supports wireless charging).
`
`(J. Peckham, Samsung Galaxy Note 10 review, TECHRADAR.COM)3
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`D. Defendants’ Notice of the ’067 Patent and Willful Infringement
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`35.
`
`On or around April 11, 2019, a representative of GPS initiated communications
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`with representatives of Defendants regarding Defendants’ interest in discussing intellectual
`
`property matters. This began a months-long series of communications (as described below in
`
`more detail). In particular, such communications included representatives of Defendants who are
`
`attorneys and have senior roles related to handling intellectual property matters for Defendants.
`
`36.
`
`Defendants’ representative initially expressed interest. In response, GPS’s
`
`representative sent Defendants’ representatives a copy of the ’067 Patent (as an attachment) on
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`April 11, 2019.
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`37.
`
` Over the next several months, Defendants’ representatives continued to
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`communicate regarding the ’067 Patent with GPS’s representative.
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`38.
`
`At one point, around May 23, 2019, in order to advance negotiations, GPS’s
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`representative offered to provide Defendants with a claim chart showing how the ’067 Patent’s
`
`claims covered Defendants’ products. Defendants’ representative declined the offer for a claim
`
`chart, but indicated a nondisclosure agreement (“NDA”) would facilitate negotiations. On June
`
`14, 2019, Defendants’ representative requested certain information from GPS expressly for the
`
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`3 Available at https://www.techradar.com/reviews/samsung-galaxy-note-10-review-and-specs/2
`(last visited Aug. 13, 2020).
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`purpose of drafting a NDA. GPS’s representative agreed to conduct further discussions under a
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`NDA and promptly supplied the requested information. However, Defendants never provided
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`GPS with a draft NDA.
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`39.
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`Instead, on or around August 12, 2019, Defendants’ representative informed
`
`GPS’s representative that Defendants were not interested in the ’067 Patent.
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`40.
`
`Although Defendants were on actual notice of the ’067 Patent since at least April
`
`11, 2019, on information and belief, Defendants did nothing to avoid infringement of the ’067
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`Patent. Alternatively, on information and belief, Defendants did take certain steps to avoid
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`infringement of the ’067 Patent; that confirms that Defendants infringed at least as to products
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`sold prior to taking such steps to avoid infringement and confirms Defendants’ subjective belief
`
`and knowledge that they infringed the ’067 Patent. In either scenario, Defendants were required
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`to obtain authorization (e.g., take a license) to practice the ’067 Patent.
`
`41.
`
`Instead of duly obtaining authorization or a license to practice the ’067 Patent,
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`Defendants continued making, using, selling, offering for sale, and importing into the United
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`States existing Accused Products (e.g., the Galaxy S10 line launched around March 2019) and
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`also incorporated the infringing technology into new Accused Products (e.g., the Galaxy Note 10
`
`and S20 lines launched around August 2019 and March 2020, respectively).
`
`42. Moreover, even while in discussion with GPS regarding the ’067 Patent,
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`Defendants were actively producing marketing materials specifically touting and promoting the
`
`accused Wireless PowerShare feature. For example, Defendants produced a television
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`advertisement entitled “Galaxy S10: Wireless PowerShare” that was released around April 24,
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`2019, e.g., as shown:
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`
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`Samsung US, Galaxy S10: Wireless PowerShare, YOUTUBE.COM (Apr. 24, 2019).4 That
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`advertisement
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`is exclusively dedicated
`
`to promoting Defendants’
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`infringing Wireless
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`PowerShare feature. That advertisement was extensively aired and disseminated on television
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`networks and online media, among other means, between March and August of 2019.
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`43.
`
`Indeed, even as late as August of 2019 (when Defendants broke-off discussions
`
`with GPS), Defendants were actively advertising and promoting their Wireless PowerShare
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`feature. For example, on or around August 6, 2019, Defendants aired the “Galaxy S10: Wireless
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`PowerShare” television advertisement (depicted above) on the television network, MLB
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`Network.
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`44.
`
`In another example, around August 2019, Defendants supplied pre-release models
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`of its accused Galaxy Note 10 line of devices to various media outlets, tech reporters,
`
`influencers, and the like. On information and belief, Defendants had supplied information
`
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`4 Available at https://youtu.be/4S8n9SmcXLE (last visited Aug. 13, 2020).
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`related to the Wireless PowerShare feature and encouraged such media outlets, tech reporters,
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`influencers, and the like to promote the accused Wireless PowerShare feature. This resulted in
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`the promotion of the Wireless PowerShare feature for the Note 10 line.
`
`45.
`
` On information and belief, Defendants have spent millions of dollars promoting
`
`its Wireless PowerShare feature. Defendants have earned and continue to earn hundreds of
`
`millions of dollars in United States revenues based on sales of devices supporting the Wireless
`
`PowerShare feature.
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`46.
`
`On information and belief, during the negotiation period between March and
`
`August of 2019, Defendants actively evaluated the ’067 Patent and came to the conclusion that
`
`they needed a license to practice the ’067 Patent. Alternatively, Defendants did not make a good
`
`faith effort to evaluate the ’067 Patent (e.g., by refusing to evaluate a claim chart that was offered
`
`to be provided by GPS) and willfully blinded themselves to their need to obtain a license to
`
`practice the ’067 Patent. Regardless, Defendants failed to negotiate in good faith, which further
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`demonstrates bad faith and egregious conduct.
`
`IV. COUNT ONE — INFRINGEMENT OF
`U.S. PATENT NO. 9,906,067
`
`47.
`
`Defendants have not been and are not authorized to practice the ʼ067 Patent.
`
`A. Direct Infringement
`
`48.
`
`Defendants have infringed the ’067 Patent during its term in the State of Texas, in
`
`this District, and elsewhere in the United States, by, among other things, directly or through
`
`intermediaries, making, using, selling, offering for sale, and importing the Accused Products that
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`are covered by at least claims 1 and 15 of the ’067 Patent to the injury of Plaintiff GPS.
`
`Defendants have and continue to directly infringe, literally and/or under the doctrine of
`
`equivalents, the ’067 Patent. Defendants are thus liable for infringement of the ’067 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`49.
`
`An exemplary chart is attached hereto as Exhibit B detailing the manner in which
`
`the Accused Products infringe the ʼ067 Patent by way of a representative example using
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`Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 14 of 18 PageID #: 14
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`Defendants’ Galaxy S10 device.
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`50.
`
`As exemplified in Exhibit B, each of the Accused Products includes, inter alia: a
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`first magnetic core piecepart having a first metallic coil encircling at least a portion thereof and
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`configured to be coupled to, aligned with and removable from a second magnetic core piecepart
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`having a second metallic coil encircling at least a portion thereof to form a transformer; and a
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`battery metallically coupled to said first metallic coil and configured to be charged and
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`discharged through an electrically isolating path of said transformer.
`
`51.
`
`On information and belief, each of the Accused Products is materially the same
`
`with respect to infringement as shown in the exemplary chart, Exhibit B.
`
`B.
`
`Indirect Infringement
`
`52.
`
`As discussed supra, Defendants have actual notice of the ʼ067 Patent and their
`
`infringing activities relating to the ʼ067 Patent no later than April 11, 2019 and certainly no later
`
`than the filing of this case. Alternatively, Defendants willfully blinded themselves as to their
`
`infringing activities and need to obtain a license to the ’067 Patent (e.g., by failing to make a
`
`good faith effort to evaluate the ’067 Patent and by refusing to evaluate a claim chart that was
`
`offered to be provided by GPS).
`
`53.
`
`Defendants have been and are indirectly infringing the ʼ067 Patent by actively
`
`inducing or contributing to the direct infringement by others of the ʼ067 Patent, specifically at
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`least claims 1 and 15, in the United States, the State of Texas, and the Eastern District of Texas.
`
`54.
`
`Defendants have induced and continue to induce through affirmative acts each other,
`
`their customers, and other third parties, such as resellers and end-consumers of the Accused Products,
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`to directly infringe the ʼ067 Patent by making, using, selling, and/or importing the Accused Products.
`
`The affirmative acts of inducement by Defendants include, but are not limited to, any one or a
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`combination of: (i) manufacturing, selling, distributing, and/or otherwise making available the
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`Accused Products; (ii) providing instructions, documentation, and other information to customers and
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`end-users suggesting they use the Accused Products in an infringing manner, including in-store
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`Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 15 of 18 PageID #: 15
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`technical support, online technical support, marketing, product manuals, advertisements, and online
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`documentation; (iii) enabling and encouraging the use, sale, or importation of infringing devices by
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`its customers, testers, marketers, end-user, and the like; (iv) advertising and promoting the infringing
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`devices and/or technology; (v) designing the Accused Product with specialized hardware and
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`software (including, e.g., user interface and coil assembly) for infringement; (vi) collaborating on
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`and/or funding the development of the infringing devices and/or technology with third-parties; (vii)
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`soliciting and sourcing the manufacture of infringing devices; (viii) licensing and transferring
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`technology and know-how to enable the manufacture of infringing devices; and (ix) otherwise
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`enabling and encouraging the use, sale, or importation of infringing devices.
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`55.
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`For example, in addition to the above reproduced images, the following video further
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`exemplifies how Defendants infringe and induce end-users to infringe:
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`Samsung US, Galaxy S10: How to Use Wireless PowerShare, YOUTUBE.COM (May 17, 2019).5
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`This video has been promoted to at least Defendants’ approximately 1.92 million subscribers of
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`
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`Defendants’’ “Samsung US” YouTube channel.
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`56.
`
`As a result, Defendants knew that the induced conduct would constitute infringement,
`
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`5 Available at https://www.youtube.com/watch?v=OdhWtnIPJn4 (last visited Aug. 13, 2020).
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`Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 16 of 18 PageID #: 16
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`and intended that infringement at the time of committing the aforementioned acts, such that the acts
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`and conduct have been and continue to be committed with the specific intent to induce infringement,
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`or deliberately avoiding learning of the infringing circumstances at the time of committing these acts
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`so as to be willfully blind to the infringement that was induced.
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`57.
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`Defendants have contributed and continue to contribute to the direct infringement of
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`the ʼ067 Patent, specifically at least claims 1 and 15, by each other, their customers, testers,
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`marketers, end-users, and other third parties.
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`58.
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`Defendants import, export, make or sell devices, parts, components, or intermediate
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`products to customers, testers, marketers, end-users, and other third parties that when used, sold, or
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`offered for sale infringe upon the ʼ067 Patent, specifically at least claims 1 and 15.
`
`59.
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`Defendants make, use, sell, and/or offer to sell infringing devices which are
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`especially made to design and specification, and are not staple products or commodities with
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`substantial noninfringing use.
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`60.
`
`For example, the Accused Products include specialized hardware and software,
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`including integrated circuits, coil assemblies, and user-interface software as exemplified in Exhibit B.
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`61.
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`Defendants knew of or were willfully blind to the specialized and non-commodity
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`nature of the infringing devices, and the lack of substantial noninfringing uses.
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`62.
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`Defendants have failed to take adequate steps to determine whether or not they were
`
`infringing or would infringe the ʼ067 Patent, despite having been on actual notice of and lacking
`
`permission to practice the ʼ067 Patent.
`
`C. Harm to GPS
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`63.
`
`Accordingly, Defendants are liable for infringement of the ʼ067 Patent and their
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`infringement has been and continues to be willful and egregious in nature.
`
`64.
`
`Plaintiff GPS has incurred and will continue to incur substantial damages, including
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`monetary damages.
`
`65.
`
`Plaintiff GPS has been and continues to be irreparably harmed by Defendants’
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`Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 17 of 18 PageID #: 17
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`infringement of the ʼ067 Patent for which there is no adequate remedy at law unless enjoined. Inter
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`alia, Defendants failure to take a license (and failure to negotiate in good faith) casts a cloud over
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`Plaintiff, Mr. Garrity, and associated entities that is particularly damaging to heir reputations as
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`technology innovators that is essential to their business.
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`66.
`
`Therefore, Plaintiff GPS is entitled to an injunction, actual and/or compensatory
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`damages, reasonable royalties, pre-judgment and post-judgment interest, enhanced damages, and
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`costs.
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`V. PRAYER FOR RELIEF
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`67. WHEREFORE, Plaintiff GPS respectfully requests that this Court:
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`
`
`
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`Enter judgment in favor of GPS that the ʼ067 Patent is valid and
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`enforceable;
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`Enter judgment in favor of Plaintiff GPS that Defendants have infringed
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`and continue to infringe the ʼ067 Patent, and finding that such
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`infringement is willful and egregious;
`
`
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`Award Plaintiff GPS all monetary relief available under the patent laws of
`
`the United States, including but not limited to actual and/or compensatory
`
`damages, reasonable royalties, pre-judgment and post-judgment interest,
`
`enhanced damages, and costs pursuant to 35 U.S.C. § 284;
`
`Order Defendants to pay ongoing royalties in an amount to be determined
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`for any continued infringement after the date that judgment is entered;
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`Declare this case exceptional and award Plaintiff GPS its reasonable
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`attorney fees pursuant to 35 U.S.C. § 285;
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`Enjoin each Defendant, its officers, subsidiaries, agents, servants, and
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`employees, and all persons in active concert with any of the foregoing,
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`from further infringement of the ʼ067 Patent; and
`
`
`
`
`
`
`
`
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`Grant Plaintiff GPS all such other relief as the Court deems just and
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`- 17 -
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`Case 2:20-cv-00269-JRG Document 1 Filed 08/17/20 Page 18 of 18 PageID #: 18
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`equitable.
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`VI. DEMAND FOR JURY TRIAL
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`68.
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`Plaintiff GPS, under Rule 38 of the Federal Rules of Civil Procedure, requests a
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`trial by jury of any issues so triable by right.
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`
`DATED August 17, 2020.
`
`
`Respectfully submitted,
`
`/s/ Jaspal S. Hare
`
`By: ________________
`
`Jaspal S. Hare (lead counsel)
`Texas Bar No. 24083135 (admitted in E.D. Tex.)
`jhare@spencerfane.com
`Ryan G. Cole
`Texas Bar No. 24028056 (admitted in E.D. Tex.)
`rcole@spencerfane.com
`SPENCER FANE LLP
`5700 Granite Parkway, Suite 650
`Plano, TX 75024
`Tel: (972) 324-0300
`Fax: (972) 324-0301
`
`Kyle L. Elliott
`Missouri Bar No. 49145 (to appear pro hac vice)
`kelliott@spencerfane.com
`SPENCER FANE LLP
`1000 Walnut Street, Suite 1400
`Kansas City, MO 64106
`Tel: (816) 474-8100
`Fax: (816) 474-3216
`
`Elizabeth L. DeRieux (admitted in E.D. Tex.)
`Texas Bar No. 05770585
`ederieux@capshawlaw.com
`CAPSHAW DERIEUX, LLP
`114 E. Commerce Ave.
`Gladewater, TX 75647
`Tel: (903) 845-5770
`
`Attorneys for Plaintiff
`Garrity Power Services LLC
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