Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 1 of 35 PageID #: 1
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`
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
` SOLAS OLED LTD.,
`
`
`Plaintiff,
`
`
`vs.
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
` Defendants.
`
`
`
`CASE NO.
`
`
`Complaint for Patent Infringement
`
`JURY DEMANDED
`
`
`
`Complaint for Patent Infringement
`
`Plaintiff Solas OLED Ltd. (“Solas”) files this complaint against Samsung Electronics
`
`Co., Ltd. (“SEC”) and Samsung Electronics America, Inc. (“SEA”) (each a “Defendant” and,
`
`collectively, “Defendants”), alleging infringement of U.S. Patent Nos. 9,292,144 and 8,526,767
`
`(“Patents-in-Suit”). The Accused Products are the OLED panel displays made, used, offered for
`
`sale, sold, imported by Defendants in the United States and supplied by Defendants to customers
`
`and integrated into electronic devices sold in the United States.
`
`Plaintiff Solas OLED and the Patents-in-Suit.
`
`1.
`
`Plaintiff Solas is a technology licensing company organized under the laws of
`
`Ireland, with its headquarters at The Hyde Building, Suite 23, The Park, Carrickmines, Dublin
`
`18, Ireland.
`
`2.
`
`Solas is the owner of U.S. Patent No. 9,292,144, entitled “Touch-Sensor-
`
`Controller Sensor Hub,” which issued March 22, 2016 (the “’144 patent”). A copy of the ’144
`
`patent is attached to this complaint as Exhibit 1.
`
`
`
`
`1
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`2:21-cv-00105
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 2 of 35 PageID #: 2
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`3.
`
`Solas is the owner of U.S. Patent No. 8,526,767, entitled “Gesture Recognition,”
`
`which issued September 3, 2013 (the “’767 patent”). A copy of the ’767 patent is attached to this
`
`complaint as Exhibit 2.
`
`Defendants and the Accused Products.
`
`4.
`
`On information and belief, Defendant Samsung Electronics Co., Ltd. (“SEC”) is a
`
`corporation organized under the laws of South Korea, with its principal place of business at 129,
`
`Samsung-Ro, YeongTong-Gu, Suwon-Si, Gyonggi-Do, 443-742, South Korea.
`
`5.
`
`On information and belief, Defendant Samsung Electronics America, Inc.
`
`(“SEA”) is a United States corporation organized under the laws of the State of New York, with
`
`its principal place of business at 85 Challenger Road, Ridgefield Park, New Jersey 07660. SEA
`
`is a wholly-owned subsidiary of SEC. SEA distributes certain Samsung consumer electronics
`
`products, including the Accused Products, in the United States.
`
`6.
`
`The Accused Products are laptop computers, mobile phones and tablets made,
`
`used, offered for sale, sold, imported by Defendants in the United States, including without
`
`limitation the Samsung laptop computers and Galaxy mobile phones and tablet devices.
`
`Jurisdiction and Venue.
`
`7.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§
`
`1331 and 1338(a).
`
`8.
`
`This Court has personal jurisdiction over Defendants in this action because
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`Defendants have established minimum contacts with the United States as a whole such that the
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`exercise of jurisdiction would not offend traditional notions of fair play and substantial justice.
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`Defendants have purposefully directed activities at the United States, in particular, directing
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`2
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 3 of 35 PageID #: 3
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`Accused Products for sale to customers and distributors within the United States (including
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`within this District) and engaging in sales and marketing efforts to generate and support such
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`sales. Defendants have committed acts of infringement of Solas’s patents giving rise to this
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`action, such as by supplying to distributors and consumer device retailers the Accused Products
`
`in this District, including without limitation the Samsung ATIV and Galaxy laptop computers,
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`tablets and phones accused of infringement in this case. Defendants, directly and through
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`subsidiaries, intermediaries, and third parties, have committed and continues to commit acts of
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`infringement in this District by, among other things, making, using, offering to sell, selling, and
`
`importing products that infringe the Asserted Patents.
`
`9.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). Defendant
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`SEC is a foreign corporation. Venue is proper as to a foreign defendant in any district. 28 U.S.C.
`
`§ 1391(c)(3). Defendant SEA has committed acts of infringement in this District and has regular
`
`and established places of business in this District.
`
`Count 1 – Claim for infringement of the ’144 patent.
`
`10.
`
`Solas incorporates by reference each of the allegations in paragraphs 1–9 above
`
`and further alleges as follows:
`
`11.
`
`On March 22, 2016, the United States Patent and Trademark Office issued U.S.
`
`Patent No. 9,292,144, entitled “Touch-Sensor-Controller Sensor Hub.” Ex. 1.
`
`12.
`
`Solas is the owner of the ’144 patent with full rights to pursue recovery of
`
`royalties for damages for infringement, including full rights to recover past and future damages.
`
`13.
`
`Each claim of the ’144 patent is valid, enforceable, and patent-eligible.
`
`
`
`
`3
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 4 of 35 PageID #: 4
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`14.
`
`Solas and its predecessors in interest have satisfied the requirements of 35 U.S.C.
`
`§ 287(a) with respect to the ’144 patent, and Solas is entitled to damages for Defendants’ past
`
`infringement.
`
`15.
`
`Defendants have directly infringed (literally and equivalently) and induced others
`
`to infringe the ’144 patent by making, using, selling, offering for sale, or importing products that
`
`infringe the claims of the ’144 patent and by inducing others to infringe the claims of the ’144
`
`patent without a license or permission from Solas, such as for example instructing users of the
`
`Accused Products to perform the patented methods of the ’144 patent.
`
`16.
`
`On information and belief, Defendants make, import, offer for sale, and sell
`
`certain infringing products in the United States. The Accused Products are, for example,
`
`consumer electronic devices manufactured by SEC and imported, sold, and offered for sale in the
`
`United States by SEA, including for example Samsung Galaxy mobile phones. The Accused
`
`Products all have touch controller chips for controlling one or more sensors in the Accused
`
`Products.
`
`
`
`
`
`
`
`Samsung Galaxy S9
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`Samsung Galaxy S20
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`
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`
`4
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 5 of 35 PageID #: 5
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`
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`17.
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`For example, claim 1 of the ’144 patent claim “a method” as follows:
`
`[1a] “by a controller, controlling a touch sensor of a device, the control of the touch
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`sensor comprising;”
`
`18.
`
`The Accused Products (such as the Galaxy S9, pictured below) comprise a touch
`
`controller which controls a touch sensor of a device.
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`
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`5
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 6 of 35 PageID #: 6
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`[1b] “acquisition of touch-sensor signals from the touch sensor;”
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`19.
`
`The Accused Products comprise a touch controller which controls a touch sensor
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`by “acquisition of touch-sensor signals from the touch sensor”:
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`6
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 7 of 35 PageID #: 7
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`[1c] “pre-processing of the touch-sensor signals;”
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`20.
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`The Accused Products pre-process touch-sensor signals:
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`7
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`
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`
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`[1d] “and processing of the touch-sensor signals to determine: whether a touch or
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`proximity input has occurred with respect to the touch sensor;”
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`21.
`
`The Accused Products process the touch-sensor signals to determine: whether a
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`touch or proximity input has occurred with respect to the touch sensor:
`
`
`
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`8
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 9 of 35 PageID #: 9
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`[1e] “if the touch or proximity input has occurred with respect to the touch sensor, a
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`location of the touch or proximity input; and”
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`9
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 10 of 35 PageID #: 10
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`22.
`
`The Accused Products determine, if the touch or proximity input has occurred
`
`with respect to the touch sensor, a location of the touch or proximity input:
`
`
`
`[1f] “by the controller, controlling one or more other sensors of the device, the
`
`control of the other sensors occurring at least in part concurrently with the
`
`acquisition of the touch-sensor signals from the touch sensor or the pre-processing
`
`of the touch-sensor signals.”
`
`23.
`
`The Accused Products’ touch controllers control one or more other sensors of the
`
`device, the control of the other sensors occurring at least in part concurrently with the acquisition
`
`of the touch-sensor signals from the touch sensor or the pre-processing of the touch-sensor
`
`signals:
`
`
`
`
`10
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 11 of 35 PageID #: 11
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`
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`24.
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`Defendants also knowingly and
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`intentionally
`
`induce and contribute
`
`to
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`infringement of the ’144 patent in violation of 35 U.S.C. §§ 271(b) and 271(c). Through the
`
`
`
`
`11
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`

`

`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 12 of 35 PageID #: 12
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`filing and service of this Complaint, Defendants have had knowledge of the ’144 patent and the
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`infringing nature of the Accused Products. Despite this knowledge of the ’144 patent,
`
`Defendants continue to actively encourage and instruct its customers to use and integrate the
`
`accused products in ways that directly infringe the ’144 patent. Defendants do so knowing and
`
`intending that their customers will commit these infringing acts. Defendants also continue to
`
`make, use, offer for sale, sell, and/or import the Accused Products, despite their knowledge of
`
`the ’144 patent, thereby specifically intending for and inducing its customers to infringe the ’144
`
`patent through the customers’ normal and customary use of the Accused Products.
`
`25.
`
`Defendants have infringed multiple claims of the ’144 patent, including
`
`independent claim 1. By way of example only, the normal and customary use of the accused
`
`Samsung Galaxy S9 phone infringes an exemplary claim of the ’144 patent, as in the description
`
`set forth above, which Solas provides without the benefit of information about the Accused
`
`Products obtained through discovery.
`
`26.
`
`Defendants have known how the Accused Products are made and have known, or
`
`have been willfully blind to the fact, that making, using, offering to sell, and selling the Accused
`
`Products to their customers, would constitute willful infringement of the ’144 patent. Those
`
`products imported into and sold within the United States include, without limitation, Samsung
`
`laptop computers, Galaxy tablets and phones.
`
`27.
`
`Defendants have induced, and continue to induce, infringement of the ’144 patent
`
`by actively encouraging others (including its customers) to use, offer to sell, sell, and import the
`
`Accused Products. On information and belief, these acts include providing information and
`
`instructions on the use of the Accused Products; providing information, education and
`
`
`
`
`12
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`

`

`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 13 of 35 PageID #: 13
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`instructions to its customers; providing the Accused Products to customers; and indemnifying
`
`patent infringement within the United States.
`
`28.
`
`Solas has been damaged by Defendant’s infringement of the ’144 patent and is
`
`entitled to damages as provided for in 35 U.S.C. § 284, including reasonable royalty damages.
`
`Count 2 – Claim for infringement of the ’767 patent.
`
`Solas incorporates by reference each of the allegations in paragraphs 1–28 above
`
`29.
`
`and further alleges as follows:
`
`30.
`
`On September 3, 2013, the United States Patent and Trademark Office issued U.S.
`
`Patent No. 8,526,767, entitled “Gesture Recognition.” Ex. 2.
`
`31.
`
`Solas is the owner of the ’767 patent with full rights to pursue recovery of
`
`royalties for damages for infringement, including full rights to recover past and future damages.
`
`32.
`
`33.
`
`Each claim of the ’767 patent is valid, enforceable, and patent-eligible.
`
`Solas and its predecessors in interest have satisfied the requirements of 35 U.S.C.
`
`§ 287(a) with respect to the ’767 patent, and Solas is entitled to damages for Defendants’ past
`
`infringement.
`
`34.
`
`Defendants have directly infringed (literally and equivalently) and induced others
`
`to infringe the ’767 patent by making, using, selling, offering for sale, or importing products that
`
`infringe the claims of the ’767 patent and by inducing others to infringe the claims of the ’767
`
`patent without a license or permission from Solas, such as for example instructing users of the
`
`Accused Products to perform the patented methods of the ’767 patent.
`
`35.
`
`On information and belief, Defendants make, import, offer for sale, and sell
`
`certain infringing products in the United States. The Accused Products are, for example,
`
`consumer electronic devices manufactured by SEC and imported, sold, and offered for sale in the
`
`
`
`
`13
`
`

`

`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 14 of 35 PageID #: 14
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`United States by SEA, including for example Samsung Galaxy mobile phones. The Accused
`
`Products all have touch controller chips for controlling one or more sensors in the Accused
`
`Products.
`
`
`
`
`
`
`
`Samsung Galaxy S9
`
`Samsung Galaxy S20
`
`
`
`36.
`
`For example, claim 1 of the ’767 patent claim a “touch sensor device” as follows:
`
`[1a] “a sensor having a sensitive area extending in at least one-dimension and
`
`arranged to output sense signals responsive to proximity of an object to the sensitive
`
`area;”
`
`37.
`
`The Accused Products (such as the Galaxy S9, pictured below) comprise a sensor
`
`having a sensitive area extending in at least one-dimension and arranged to output sense signals
`
`responsive to proximity of an object to the sensitive area:
`
`
`
`
`14
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 15 of 35 PageID #: 15
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`
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`[1b] “a processor operable to execute position-processing logic stored in one or more
`
`tangible media, the position-processing logic, when executed by the processor,
`
`configured to:”
`
`
`
`
`15
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`

`

`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 16 of 35 PageID #: 16
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`38.
`
`The Accused Products comprise a processor operable to execute position-
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`processing logic stored in one or more tangible media, the position-processing logic:
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`
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`
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`16
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 17 of 35 PageID #: 17
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`
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`[1c] “calculate positions of interactions with the sensitive area from an analysis of
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`the sense signals; and output a times series of data indicative of the interaction
`
`positions on the sensor, the interactive positions corresponding to the touches; and”
`
`39.
`
`The Accused Products calculate positions of interactions with the sensitive area
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`from an analysis of the sense signals, and output a times series of data indicative of the
`
`interaction positions on the sensor, the interactive positions corresponding to the touches:
`
`
`
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`17
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`

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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 18 of 35 PageID #: 18
`Case 2:21-cv-00105—JRG Document 1 Filed 03/22/21 Page 18 of 35 PageID #: 18
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`
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`
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`calculate positions ofinteractions withthe sensitive ales
`from an analysis ofthc sense signals: and
`output 8 times series ofdata indicative ofthe interaction]
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`positions on the sensor. the interaction positions cor-
`
`
`responding to touches; and
`
`calculate positions of
`interactions
`
`
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 19 of 35 PageID #: 19
`Case 2:21-cv-00105—JRG Document 1 Filed 03/22/21 Page 19 of 35 PageID #: 19
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`calculate positions ol'intemctions within “five!!!“
`from an analysis of the sense signals; and
`output a times series ofdata indicative ofthe interaction
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`
`responding to touches; and
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`
`19
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`
`

`

`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 20 of 35 PageID #: 20
`Case 2:21-cv-00105—JRG Document 1 Filed 03/22/21 Page 20 of 35 PageID #: 20
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`calculate positions ofinteractions with the sensitive area
`from an anal sis of the sense si
`
`ls; and
`
`Copyright
`
`(C) 2009-2010 Henrik Rydberg <rydbernguromail.se>
`
`Introduction
`
`
`
`r to utilize the full power of the new multi—touc
`and multi—user
`
`
`
`is needed. This
`
`rotocol which allows kernel
`document describes the multi-touch (HT)
`
`number of contacts.
`13 drivers to report details for an arbitr
`
`
`on the capabilities of the
`15 The protocol is divided into two types
`16 hardware. For devices handling anonymous contacts (type A),
`the protocol
`describes how to send the raw data for all contacts to the receiver. For
`
`
`
`
`
`
`
`
`
`
`
`
`36
`37
`38
`39
`40
`41 All drivers mark the end of
`
`
`
`ulti-touch transfer by calling the usual
`ructs the receiver to act upon events
`42
`43
`REPORT and prepare to receive a new set
`14
`
`45
`otocol and the statetul
`46 The main difference
`
`ble contacts to reduce
`47
`type 8 slot protocol
`the amount of data sent to userspace. The slot protocol requires the use of
`48
`the ABs_hT_TRACKING_ID, either provided by the hardware or computed from
`49
`so
`the raw data [5].
`51
`the kernel driver should generate an arbitrary
`52 For type A devices,
`53
`enumeration of the full set of anonymous contacts currently on the
`54
`surtace. The order in which the packets appear in the event stream is not
`55
`important. Event filtering and finger tracking is left to user space [3].
`
`56
`57
`58
`i ying
`y
`estruction 0 contacts is ac ieve
`59 Creation, rep acement an
`
`
`60
`the ABS_flT_TRACKING_ID of the associated slot.
`A non-negative tracking id
`
`61
`is interpreted as a contact, and the value -1 denotes an unused slot.
`A
`
`62
`tracking id not previously present is considered new, and a tracking id no
`63
`longer present is considered removed. Since only changes are propagated,
`
`64
`the full state or each initiated contact has to reside in the receiving
`
`
`end. Upon receiving an NT event, one simply updates the appropriate
`attribute of the current slot.
`
`
`
`
`
`
`
`
`
`
`
`
`input_sync() function. Thi
`accumulated since last av
`o! events/packets.
`
`
`
`
`
`
`20
`20
`
`

`

`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 21 of 35 PageID #: 21
`
`
`
`[1d] “a processor operable to execute gesture-processing logic stored in one or more
`
`tangible media, the gesture-processing logic”
`
`40.
`
`The Accused Products have a processor operable to execute gesture-processing
`
`logic stored in one or more tangible media, the gesture-processing logic, when executed by the
`
`processor, configured to analyze the time series of data to distinguish one or more gesture inputs
`
`from the time series of data, the gesture-processing logic being coded with gesture-recognition
`
`code comprising a plurality of state-machine modules:
`
`
`
`
`21
`
`

`

`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 22 of 35 PageID #: 22
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`
`
`
`
`[1e] “when executed by the processor, configured to analyze the time series of data
`
`to distinguish one or more gesture inputs from the time series of data, the gesture-
`
`processing logic being coded with gesture-recognition code comprising a plurality of
`
`state-machine modules, the plurality of state-machine modules comprising:”
`
`41.
`
`The Accused Products have a logic “when executed by the processor, configured
`
`to analyze the time series of data to distinguish one or more gesture inputs from the time series of
`
`data, the gesture-processing logic being coded with gesture-recognition code comprising a
`
`plurality of state-machine modules:
`
`
`
`
`22
`
`

`

`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 23 of 35 PageID #: 23
`Case 2:21-cv-00105—JRG Document 1 Filed 03/22/21 Page 23 of 35 PageID #: 23
`
`l"
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`
`gesproceture-ssing logic being coded with gesture-rec-
`ognition code comprising a plurality of state-machine
`modules, the plurality of state-machine modules com-
`
`The Samsung touchscreen controller (TSC) driver runs
`on the SnapDragon845 processor which is the receiver of
`the time series of data for each individual touch detected
`
`
`
`by the T30.
`
`
`
`
`
`
`
`47
`48
`49
`50
`
`The main difference between the stateless type A protocol and the stateful
`type 3 slot protocol lies in the usage of identifiable contacts to reduce
`the amount of data sent to userspace. The slot protocol requires the use of
`the ABS_HT TRACKING_ID. either provided by the hardware or computed from
`the raw data [5].
`
`
`
`
`
`
`the kernel driver should generate an arbitrary
` For type A devices,
`
`
`53
`enumeration of the full set of anonymous contacts currently on the
`54
`surface. The order in which the packets appear in the event stream is not
`important. Event filtering and finger tracking is left to user space [3].
`
`
`
`
`
`Creation, replacement and destruction of contacts is achieved by modifying
`
`the ABS_HT_TRACKING_ID of the associated slot. A non—negative tracking id
`60
`is interpreted as a contact, and the "Clue -l dauute? an uuuuofl slot. A
`61
`tracking id not previously present is considered new, and a tracking id no
`62
`
`
`longer present is considered removed. Since only changes are propagated,
`63
`
`
`the full state of each initiated contact has to reside in the receiving
`6‘
`
`
`end.
`upon receiving an HT event, one simply updates the appropriate
`attribute of the current slot.
`
`
`
`
`
`Android runs on the SnapDragon845 processor which provides a convention for
`distinguishing single and multi-touch gestures. The SnapDragon845 processor
`analyses the time series of data received for each individual
`touch detected to
`distinguish gestures (i.e. spreading and pinching) made on the touchscreen.
`
`
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`23
`23
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 24 of 35 PageID #: 24
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`[1f] “a first one-touch state-ma chine module, the first one-touch state-machine
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`module being operable to recognize at least a first one-touch gesture and generate a
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`first output based on the first one-touch gesture;”
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`24
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 25 of 35 PageID #: 25
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`42.
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`The Accused Products have a first one-touch state-machine module, the first one-
`
`touch state-machine module being operable to recognize at least a first one-touch gesture and
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`generate a first output based on the first one-touch gesture:
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`25
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 26 of 35 PageID #: 26
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`
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`[1g] “a second one-touch state-machine module, the second one-touch state-machine
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`module being operable to recognize at least a second one-touch gesture and generate
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`a second output based on the second one-touch gesture; and”
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`43.
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`The Accused Products have a second one-touch state-machine module, the second
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`one-touch state-machine module being operable to recognize at least a second one-touch gesture
`
`and generate a second output based on the second one-touch gesture:
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`
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`26
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 27 of 35 PageID #: 27
`Case 2:21-cv-00105—JRG Document 1 Filed 03/22/21 Page 27 of 35 PageiD #: 27
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`MotionEvent
`
`public fmal clan lotionEvent
`extends InputEvent agile-en“ Parcelable
`maiangflbiecl
`I. androidmewinputEvent
`L moumimm
`
`Motion events describe movements In terms of an action code and a set ol axis values. The action code specifies
`state change that occurred such as a pointer going down or up. The axis values describe the position and other
`movement properties.
`
`
`
`
`
`For example, when the user first touches the screen. the system delivers a touch event to the appropriate View with
`mm Acumenana—
`—
`
`
`
`
`Device Types
`The interpretation of the contents of a MotionEvent varies signifl
`pending on the source class 0! the device.
`
`0n pointing devices with source class InputDevtce.SOURCE_c
`INTER such as touch screens. the pointer
`
`
`ach complete gesture is represented by a
`coordinates specify absolute positions such as view XIV coordimt
`
`soguenceofnntbneventswifliacflomdntdescrbepomsmemnsitionsmd movernents.Agesturestartswitha
`
`motion event with ACTIOOLDOIN that provides the location of the first pointer down.
`
`accordingly. Pointer movements are described by motion events with ACTIONJIOVE . Finally. a gesture end either when
`the final pointer goes up as represented by a motion event with AcTIOiLUP or when gesture is canceled with
`ACTIOILCANCEL .
`
`
`
`
`
`
`Second One-Touch Gesture (Pointer ID: N-I-l)
`
`
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`
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`
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`27
`27
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 28 of 35 PageID #: 28
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`[1h] “a multi-touch state-machine module operable to: receive, directly from the
`
`first one-touch state-machine module, the first output; receive, directly from the
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`second one-touch state-machine module, the second output; and”
`
`44.
`
`The Accused Products have a multi-touch state-machine module operable to:
`
`receive, directly from the first one-touch state-machine module, the first output; receive, directly
`
`from the second one-touch state-machine module, the second output:
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`28
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 29 of 35 PageID #: 29
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`[1i] “recognize, based on at least the first and second outputs, at least one multi-
`
`touch gesture, the first one-touch state-machine module, the second one-touch state-
`
`machine module, and the multi-touch state-machine module being distinct state-
`
`machine modules; and output the recognized multi-touch gesture.”
`
`45.
`
`The Accused Products recognize, based on at least the first and second outputs, at
`
`least one multi-touch gesture, the first one-touch state-machine module, the second one-touch
`
`state-machine module, and the multi-touch state-machine module being distinct state-machine
`
`modules; and output the recognized multi-touch gesture:
`
`
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`29
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 30 of 35 PageID #: 30
`
`the first one-
`touch state
`machine module
`
`
`
`fl ,
`Multi-Touch Idle
`
`Pu-vwrl
`
`p'pgqu
`
`
`
`
`
`fl
`
`recognize and output a
`multi-touch gesture
`
`the second one-touch
`state machine module
`
`
`
`
`
`
`
`Multi-Touch FSM
`(ScaleGesture
`Detector)
`
`
`
`multi—touch state
`machine module
`
`»/
`_./
`
`
`
`
`
`a multi-touch gesture
`
`
`
`\/
`
`Swipe down from the top of the screen with two fingers:
`
`If " ,,
`
`p, -:
`
`10:7,
`
`air" '11:" ' a: ,
`
`https://r2. community.samsung.com/t5/Tech-Talk/GUIde—to-To uchscreen-Gestures/td-p/4095444
`
`
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`30
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 31 of 35 PageID #: 31
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`
`
`46.
`
`Defendants also knowingly and
`
`intentionally
`
`induce and contribute
`
`to
`
`infringement of the ’767 patent in violation of 35 U.S.C. §§ 271(b) and 271(c). Through the
`
`filing and service of this Complaint, Defendants have had knowledge of the ’767 patent and the
`
`infringing nature of the Accused Products. Defendant SEC also has had knowledge of the ’767
`
`patent through the issuance of U.S. Patent No. 9,207,792 on December. 8, 2015 and assignment
`
`to SEC, which cites on its face the ’767 patent. Despite this knowledge of the ’767 patent,
`
`Defendants continue to actively encourage and instruct its customers to use and integrate the
`
`accused products in ways that directly infringe the ’767 patent. Defendants do so knowing and
`
`intending that their customers will commit these infringing acts. Defendants also continue to
`
`make, use, offer for sale, sell, and/or import the Accused Products, despite their knowledge of
`
`the ’767 patent, thereby specifically intending for and inducing its customers to infringe the ’767
`
`
`
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`31
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`

`

`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 32 of 35 PageID #: 32
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`patent through the customers’ normal and customary use of the Accused Products.
`
`47.
`
`Defendants have infringed multiple claims of the ’767 patent, including
`
`independent claim 1. By way of example only, the accused Samsung Galaxy S9 phone infringes
`
`an exemplary claim of the ’767 patent, as in the description set forth above, which Solas provides
`
`without the benefit of information about the Accused Products obtained through discovery.
`
`48.
`
`Defendants have known how the Accused Products are made and have known, or
`
`have been willfully blind to the fact, that making, using, offering to sell, and selling the Accused
`
`Products to their customers, would constitute willful infringement of the ’767 patent. Those
`
`products imported into and sold within the United States include, without limitation, Samsung
`
`laptop computers, Galaxy tablets and phones.
`
`49.
`
`Defendants have induced, and continue to induce, infringement of the ’767 patent
`
`by actively encouraging others (including its customers) to use, offer to sell, sell, and import the
`
`Accused Products. On information and belief, these acts include providing information and
`
`instructions on the use of the Accused Products; providing information, education and
`
`instructions to its customers; providing the Accused Products to customers; and indemnifying
`
`patent infringement within the United States.
`
`50.
`
`Solas has been damaged by Defendant’s infringement of the ’767 patent and is
`
`entitled to damages as provided for in 35 U.S.C. § 284, including reasonable royalty damages.
`
`Jury demand.
`
`51.
`
`Solas demands trial by jury of all issues.
`
`Relief requested.
`
`Solas prays for the following relief:
`
`
`
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`32
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 33 of 35 PageID #: 33
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`A.
`
`A judgment in favor of Solas that Defendants have infringed the ’144 patent and
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`the ’767 patent, and that the ’144 patent and the ’767 patent are valid, enforceable, and patent-
`
`eligible;
`
`B.
`
`A judgment and order requiring Defendants to pay Solas compensatory damages,
`
`costs, expenses, and pre- and post-judgment interest for its infringement of the asserted patents,
`
`as provided under 35 U.S.C. § 284;
`
`C.
`
`A permanent injunction prohibiting Defendants from further acts of infringement
`
`of the ’144 patent and the ’767 patent;
`
`D.
`
`A judgment and order requiring Defendants to provide an accounting and to pay
`
`supplemental damages to Solas, including, without limitation, pre-judgment and
`
`post-judgment interest;
`
`E.
`
`A finding that this case is exceptional under 35 U.S.C. § 285, and an award of
`
`Solas’ reasonable attorney’s fees and costs; and
`
`F.
`
`Any and all other relief to which Solas may be entitled.
`
`
`
`
`33
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 34 of 35 PageID #: 34
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`Dated: March 22, 2021
`
`
`
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`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Reza Mirzaie
`Reza Mirzaie
`CA State Bar No. 246953
`Email: rmirzaie@raklaw.com
`Marc Fenster
`CA State Bar No. 181067
`Email: mfenster@raklaw.com
`Neil A. Rubin
`CA State Bar No. 250761
`Email: nrubin@raklaw.com
`James S. Tsuei
`CA State Bar No. 285530
`Email: jtsuei@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Telephone: 310-826-7474
`
`
`
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`34
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`Case 2:21-cv-00105-JRG Document 1 Filed 03/22/21 Page 35 of 35 PageID #: 35
`
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`Email: jw@wsfirm.com
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`Email: claire@wsfirm.com
`Andrea L. Fair
`Texas State Bar No. 24078488
`Email: andrea@wsfirm.com
`WARD, SMITH & HILL, PLLC
`PO Box 1231
`Longview, Texas 75606-1231
`(903) 757-6400 (telephone)
`(903) 757-2323 (facsimile)
`
`
`ATTORNEYS FOR PLAINTIFF,
`SOLAS OLED, LTD.
`
`35
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