Case 5:23-cv-00152-RWS Document 1 Filed 12/29/23 Page 1 of 65 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MAXELL, LTD.,
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`Plaintiff,
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`v.
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`LG ELECTRONICS INC., and LG
`ELECTRONICS U.S.A., INC.,
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`Defendants.
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`Case No.
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Maxell, Ltd. (“Maxell”), by and through its undersigned counsel, files this
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`complaint under 35 U.S.C. § 271 against Defendants LG Electronics Inc. (“LGE”) and LG
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`Electronics U.S.A., Inc. (“LGEUS”) (collectively, “LG” or “Defendants”), and allege as follows,
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`upon actual knowledge with respect to itself and its own acts, and upon information and belief as
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`to all other matters.
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`OVERVIEW
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`1.
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`This is an action for patent infringement by Maxell. Founded in 1961 as Maxell
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`Electric Industrial Co., Ltd., Maxell is a leading global manufacturer of information storage media
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`products, including magnetic tapes, optical discs, and battery products such as lithium ion
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`rechargeable micro batteries and alkaline dry batteries. The company has over 50 years of
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`experience producing industry-leading recordable media and energy products for both the
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`consumer and the professional markets. Maxell is also a leading manufacturer of projectors and
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`lenses and additionally sells various other devices, such as Bluetooth headsets, wireless charging
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`solutions, etc.
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`2.
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`Maxell has built an international reputation for excellence and reliability for
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`pioneering the power supplies and digital recording for today’s mobile and multi-media devices,
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`and leading the electronics industry in the fields of storage media and batteries.
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`3.
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`Since being one of the first companies to develop alkaline batteries and Blu-ray
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`camcorder discs, Maxell has always assured its customers of industry-leading product innovation
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`and is one of the world’s foremost suppliers of memory, power, audio, and visual goods. Maxell’s
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`well-recognized logo and iconic “blown away” image exemplify the reputation Maxell carefully
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`developed in these markets.
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`4.
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`As more fully described below, in 2009 Hitachi, Ltd. assigned much of its
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`intellectual property to Hitachi Consumer Electronics Co., Ltd., along with a significant portion of
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`its Consumer Business Group, including manufacturing and research and development capabilities.
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`Then, in 2013, Hitachi Consumer Electronics Co., Ltd. assigned the intellectual property, including
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`many of the patents in this case, along with the related manufacturing and research and
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`development capabilities, to Hitachi Maxell, Ltd., which later assigned the patents to Maxell as a
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`result of a reorganization and name change. This was an effort to align its intellectual property
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`with the licensing, business development, research and development, and manufacturing efforts of
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`Maxell, including in the mobile and mobile-media device market. Maxell continues to sell products
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`in the mobile device market including wireless charging solutions, wireless flash drives,
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`multimedia players, storage devices, and headphones. Maxell also maintains intellectual property
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`related to televisions, computer products, tablets, digital cameras, and mobile phones. As a mobile
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`technology developer and industry leader, and due to its historical and continuous investment in
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`research and development, including in this District, Maxell owns a portfolio of patents related to
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`such technologies and actively enforces its patents through licensing and/or litigation. Maxell is
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`forced to bring this action against LG as a result of LG’s knowing and ongoing infringement of
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`Maxell’s patents as further described herein.
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`5.
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`Since at least July 19, 2021, LG has been aware of Maxell’s patents, and has had
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`numerous communications with Maxell regarding its infringement of these patents. These
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`communications included Maxell providing to LG detailed information regarding Maxell’s patents
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`and allegations, the developed technology, and LG’s ongoing use of this patented technology.
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`Through this process, Maxell believed the parties could reach a mutually beneficial solution. LG
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`elected, however, not to enter into an agreement and did not license Maxell’s patents. Instead, LG
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`continued, and continues today, to make, use, sell, and offer for sale Maxell’s patented technology
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`without license.
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`6.
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`Since 2014, Maxell has had regular and continuous business in the Eastern District
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`of Texas. As a result of such business dealings and hopes to expand those and other business
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`dealings, a Maxell affiliate, Maxell Research and Development America, LLC (“MRDA”), was
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`founded in Marshall, Texas. Maxell has and continues to regularly meet and work with MRDA to
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`expand its business and investments are being made by Maxell, MRDA, and others in this District
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`to further the goals of these companies.
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`NATURE OF THE ACTION
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`7.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, 35 U.S.C. § 271, et seq.
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`THE PARTIES
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`8.
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`Plaintiff Maxell, Ltd. is a Japanese corporation with a registered place of business
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`at 1 Koizumi, Oyamazaki, Oyamazaki-cho, Otokuni-gun, Kyoto, Japan.
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`9.
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`Defendant LG Electronics Inc. is a company under the laws of the Republic of
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`Korea with its principal place of business at LG Twin Towers 20 Yoido-dong, Youngdungpo-gu,
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`Seoul, South Korea.
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`10.
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`Defendant LG Electronics U.S.A., Inc., is a Delaware corporation with a principal
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`place of business at 111 Sylvan Avenue, North Building, Englewood Cliffs, New Jersey 07632.
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`LGEUS is a wholly-owned subsidiary of LGE, and has regular and established places of business
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`within this District at 2153-2155 Eagle Pkwy, Fort Worth, TX 76177 and 14901 Beach St, Fort
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`Worth, TX 76177. LGEUS may be served with process through its Texas registered agent, United
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`States Corporation Co., 211 East 7th Street, Suite 620, Austin, Texas 78701.
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`11.
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`Upon information and belief, Defendants are part of the same corporate structure
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`and distribution chain with respect to the design, manufacture, use, importation, offer to sell, and/or
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`sale of LG-branded products.
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`JURISDICTION AND VENUE
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`12.
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`This Court has subject matter jurisdiction over the subject matter of this action
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a) because the action arises under the patent laws of the
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`United States, 35 U.S.C. § 271, et seq.
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`13.
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`This Court has personal jurisdiction over Defendants pursuant to due process and/or
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`the Texas Long Arm Statute because, inter alia, (i) Defendants have done and continue to do
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`business in the United States, including in the State of Texas; (ii) Defendants have committed and
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`continue to commit acts of patent infringement in the United States, including in the State of Texas,
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`including making, using, offering to sell, and/or selling accused products in the United States and
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`Texas, and/or importing accused products into the United States and Texas, including by Internet
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`sales and sales via retail and wholesale stores, inducing others to commit acts of patent
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`infringement in the United States and Texas, and/or committing a least a portion of any other
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`infringements alleged herein. LGEUS has maintained regular and established places of business
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`within this District at 2153-2155 Eagle Pkwy, Fort Worth, TX 76177 and 14901 Beach St, Fort
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`Worth, TX 76177. The address at 14901 Beach St, Fort Worth, TX 76177 is a distribution center.
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`Defendants design, manufacture, distribute, import, offer for sale, and/or sell in the State of Texas
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`and the Eastern District of Texas smartphones, laptops, and tablets that infringe the patents asserted
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`in this matter. Further, Defendants have consented to jurisdiction for patent infringement actions
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`wherein substantially the same accused devices are at issue, for example in Spacetime3D, Inc. v.
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`LG Electronics Inc. et al., No 2:22-cv-00049-RWS.
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`14.
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`In addition, or in the alternative, this Court has personal jurisdiction over the
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`Defendants pursuant to Fed. R. Civ. P. 4(k)(2).
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`15.
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`Venue is proper in this district as to Defendants. LGEUS has maintained regular
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`and established places of business within this District at 2153-2155 Eagle Pkwy, Fort Worth, TX
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`76177 and 14901 Beach St, Fort Worth, TX 76177. LGE is organized under the laws of South
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`Korea. 28 U.S.C. § 1391(c)(3) provides that “a defendant not resident in the United States may be
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`sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining
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`where the action may be brought with respect to other defendants.”
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`16.
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`Four of the patents asserted herein—U.S. Patent Nos. 6,973,334; 8,339,493,
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`6,856,760 and 8,736,729 were previously asserted in this District against Huawei Device Co., Ltd.,
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`Huawei Device USA, Inc., ZTE (USA), Inc., ZTE Corporation, and/or Apple Inc. During the
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`course of these lawsuits, this Court heard from the parties and their experts regarding the
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`technology at issue in these patents, construed numerous claims terms, and even conducted a jury
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`trial involving two of these patents, during which the patents were found to be valid and willfully
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`infringed. Accordingly, this Court has substantial knowledge of and concerning the majority of
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`the patents asserted in this lawsuit. Judicial economy further supports venue in this District.
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`COUNT 1 – INFRINGEMENT OF U.S. PATENT NO. 6,856,760
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`17. Maxell incorporates paragraphs 1-16 above by reference.
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`18.
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`U.S. Patent No. 6,856,760 (“the ’760 Patent,” attached hereto at Exhibit 1) duly
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`issued on February 15, 2005, and is entitled “Recording Medium.”
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`19. Maxell is the owner by assignment of the ’760 Patent and possesses all rights under
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`the ’760 Patent, including the exclusive right to recover for past and future infringement.
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`20.
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`The patentability of the ’760 Patent was challenged in IPR2018-00905, wherein the
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`Patent Trial and Appeal Board was asked to consider the teachings of prior art (e.g., Japanese Laid
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`Open Patent Application No. 10-108133 and Japanese Laid Open Patent Application No. 10-
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`164483) in a challenge to the validity of claims 1-15. In response, the Patent Trial and Appeal
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`Board denied the petition, finding that the information presented does not “demonstrate a
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`reasonable likelihood that Petitioner would prevail in showing that at least one of the challenged
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`claims of the ’760 Patent is unpatentable.”
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`21.
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`The ’760 Patent is directed to facilitating recording and reproduction of still
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`pictures in different formats, including but not limited to fine still pictures. The ’760 Patent
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`explains that conventional techniques did not provide the capability for a recordable video player
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`to record and reproduce high resolution still images using multiple formats and also record and
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`reproduce pictures having a smaller number of pixels per frame. The ’760 Patent provides methods
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`in which still pictures are encoded in multiple formats, including, for example, by using an
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`encoding method that is the same as that used for moving pictures. Using multiple encoding
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`formats enables reproduction by various reproducing devices.
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`22.
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`Defendants have directly infringed one or more claims of the ’760 Patent in this
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`district and elsewhere in Texas, including at least claims 4, 6, 7, and 9 literally and/or under the
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`doctrine of equivalents, by or through making, using (e.g., through product testing), importing
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`offering for sale and/or selling its telecommunications technology, including at least the LG Arena
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`2; LG Fiesta Family (Fiesta LTE (CDMA), Fiesta LTE (GSM); LG Fortune 3; LG G Family (G
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`Stylo, G Vista 2, G4, G5, G5 Silver, G6+, G6, G6 Duo, G7 Fit, G7 ThinQ, G8 ThinQ, G8X ThinQ,
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`and G8X ThinQ Dual Screen); LG Grace LTE (GSM); LG K Family (K10, K20, K20 Plus, K22,
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`K30, K3, K3 2017, K40, K4, K51, K7, K8 V, K8, K8 2017, K8X, and K92 5G); LG Leon LTE;
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`LG Nexus 5X; LG Phoenix Family (Phoenix 2, Phoenix 3, and Phoenix Plus); LG Premier LTE
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`(CDMA); LG Premier LTE (GSM); LG Prime 2; LG Q Family (Q7+, Q7+ BTS Limited Edition,
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`and Q70); LG Risio 4; LG Risio; LG Spree; LG Stylo Family (Stylo 2 V, Stylo 2 Plus, Stylo 2,
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`Stylo 2 LTE (CDMA), Stylo 2 LTE (GSM), Stylo 3, Stylo 3 LTE (CDMA), Stylo 3 Plus, Stylo 3
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`Plus Titan, Stylo 5x,); LG Tribute Family (Tribute 5, Tribute Empire, Tribute Royal, Tribute HD,
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`and Tribute Monarch); LG V Family (V10, V20, V30S ThinQ, V30, V30+, V35 ThinQ, V35
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`ThinQ with Alexa Hands-Free, V40 ThinQ, V50 ThinQ 5G, V60 ThinQ 5G, V60 ThinQ 5G, V60
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`ThinQ 5G Dual Screen, and V60 ThinQ 5G UW); LG Velvet 5G; LG Volt 2; LG Wing 5G; LG X
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`Charge; LG X Power; LG X Style (CDMA); LG X Style (GSM); LG X Venture; LG Xpression
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`Plus 2; LG Xpression Plus 3 and LG Zone 4 (the “’760 Accused Products”). Maxell reserves the
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`right to discover and pursue any additional infringing devices that incorporate infringing
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`functionalities. For the avoidance of doubt, the ’760 Accused Products are identified to describe
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`the Defendants’ infringement and in no way limit the discovery and infringement allegations
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`against Defendants concerning other devices that incorporate the same or reasonably similar
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`functionalities.
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`23.
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`Each of the ’760 Accused Products, including for example, the LG V60 ThinQ 5G,
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`has still picture recording capabilities and includes a processor programmed for reproducing still
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`pictures from recording media such as internal memory in various formats and according to various
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`encoding standards, including for example DNG and JPEG formats. This includes the capability
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`to reproduce thumbnail images for each still or moving picture recorded on the recording media,
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`where different stored pictures are encoded using different encoding standards, such as DNG and
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`JPEG, and where a recorded image may be stored as two files, each using a different encoding
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`format (e.g., a RAW DNG and a JPEG file). The reproduced thumbnail images are constructed
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`from a smaller number of pixels than the images they represent.
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`24.
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`Each of the ’760 Accused Products also incorporates hardware and software
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`components configured to record and store still and moving pictures, to generate and store pictorial
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`or thumbnail representations of the recorded pictures, and to allow reproduction and display of the
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`thumbnails and corresponding moving or still pictures associated with the thumbnails.
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`25.
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`The foregoing features and capabilities of each of the ’760 Accused Products, and
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`LG’s description and/or demonstration thereof, including in user manuals and advertising, reflect
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`LG’s direct infringement by satisfying every element of at least claims 4, 6, 7, and 9 of the ’760
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`Patent, under 35 U.S.C. § 271(a).
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`26.
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`Defendants have indirectly infringed at least claims 4, 6, 7, and 9 of the ’760 Patent
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`in this judicial district and elsewhere in the United States by, among other things, actively inducing
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`the use, offering for sale, selling, or importation of at least the ’760 Accused Products. Defendants’
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`customers who purchase devices and components thereof and operate such devices and
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`components in accordance with Defendants’ instructions directly infringe one or more claims of
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`the ’760 Patent in violation of 35 U.S.C. § 271. Defendants instruct their customers through at
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`least user guides, such as those for the LGV60 ThinQ 5G and other Accused ’760 Products located
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`at
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`the
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`following
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`websites:
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`https://ss7.vzw.com/is/content/VerizonWireless/Catalog%20Assets/Devices/LG/LG_V60_ThinQ
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`/userguide/lg-v60-thinq-5g-lm-v600vmengug-user-manual-en-03132020.pdf
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`and
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`https://www.lg.com/us/support/manuals-documents. Defendants
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`are
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`thereby
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`liable
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`for
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`infringement of the ’760 Patent pursuant to 35 U.S.C. § 271(b).
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`27.
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`Defendants have indirectly infringed at least claims 4, 6, 7, and 9 of the ’760 Patent,
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`by, among other things, contributing to the direct infringement of others, including customers of
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`the ’760 Accused Products by making, offering to sell, or selling, in the United States, or importing
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`a component of a patented process, constituting a materials part of the invention, knowing the same
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`to be especially made or especially adapted for use in infringement of the ’760 Patent, and not a
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`staple article or commodity of commerce suitable for substantial non-infringing use.
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`28.
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`For example, the ’760 Accused Products include camera hardware and related
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`software configured to encode pictures using multiple encoding standards from common image
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`data, and to display a thumbnail image corresponding to the encodings. This is a component of a
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`patented machine, manufacture, or combination, or an apparatus for use in practicing a patented
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`process. Furthermore, such component is a material part of the invention and upon information
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`and belief is not a staple article or commodity of commerce suitable for substantial non-infringing
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`use. Thus, Defendants are liable for infringement of the ’760 Patent pursuant to 35 U.S.C. § 271(c).
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`29.
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`LG has been aware of the ’760 Patent since at least July 19, 2021, based on
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`correspondence directed to Mr. Hwi jae Cho. See Letter from T. Yamamoto to H. Cho dated Jul.
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`19, 2021 (Exhibit 2). That correspondence set forth Maxell’s belief that LG makes, uses, sells,
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`offers to sell, or imports products that infringe certain of Maxell’s patents, and specifically
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`identified the ’760 Patent as well as exemplary claims and exemplary accused products for that
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`patent. By the time of trial, LG will thus have known and intended (since receiving such notice),
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`that its continued actions would actively induce and contribute to actual infringement of at least
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`claims 4, 6, 7, and 9 of the ’760 Patent.
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`30.
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`LG undertook and continued its infringing actions despite an objectively high
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`likelihood that such activities infringed the ’760 Patent, which has been duly issued by the USPTO,
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`and is presumed valid. For example, since at least July 19, 2021, LG has been aware of an
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`objectively high likelihood that their actions constituted and continue to constitute infringement of
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`the ’760 Patent, and that the ’760 Patent is valid. On information and belief, LG could not
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`reasonably, subjectively believe that their actions do not constitute infringement of the ’760 Patent,
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`nor could they reasonably, subjectively believe that the patent is invalid. Despite that knowledge
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`and subjective belief, and the objectively high likelihood that their actions constitute infringement,
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`LG has continued its infringing activities. As such, LG willfully infringes the ’760 Patent.
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`31. Maxell has been damaged by Defendants’ infringement of the ’760 Patent.
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`COUNT 2 – INFRINGEMENT OF U.S. PATENT NO. 6,973,334
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`32. Maxell incorporates paragraphs 1-31 above by reference.
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`33.
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`U.S. Patent No. 6,973,334 (“the ’334 Patent,” attached hereto at Exhibit 3) duly
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`issued on December 6, 2005, and is entitled “Cellular Telephone.”
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`34. Maxell is the owner by assignment of the ’334 Patent and possesses all rights under
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`the ’334 Patent, including the exclusive right to recover for past and future infringement.
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`35.
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`The ’334 Patent enables a cellular phone to satisfy the minimum requirements for
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`power transmission while reducing the amount of current required to achieve that power, thereby
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`saving battery life. The ’334 Patent achieves this by correlating the gain of the variable amplitude
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`amplifier with the bias condition of the power amplifier.
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`36.
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`Defendants have directly infringed one or more claims of the ’334 Patent in this
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`district and elsewhere in Texas, including at least claims 4 and 6 literally and/or under the doctrine
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`of equivalents, by or through making, using (e.g., through product testing), importing offering for
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`sale and/or selling its telecommunications technology, including at least, the LG Arena 2, LG
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`Aristo Family (Aristo, Aristo 2, Aristo 2+, Aristo 3+, Aristo 4+, Aristo 5, Aristo Cobalt Blue, and
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`Aristo Silver), LG Classic, LG Escape 3, LG Fiesta Family (Fiesta LTE (CDMA), Fiesta LTE
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`(GSM), Fiesta 2 LTE (CDMA), and Fiesta 2 LTE (GSM)), LG Fortune, LG Fortune 3, LG G
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`Family (G Stylo, G Vista 2, G4, G5, G5 Silver, G6+, G6, G6 Duo, G7 Fit, G7 ThinQ, G8 ThinQ,
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`G8X ThinQ, and G8X ThinQ Dual Screen), LG Grace LTE (GSM), LG Harmony Family
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`(Harmony, Harmony 2, Harmony 3, and Harmony 4), LG Journey LTE, LG K Family (K10, K20,
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`K20 Plus, K22, K30, K31, K31 Rebel, K3, K3 2017, K40, K4, K51, K7, K8 V, K8, K8 2017, K8X,
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`and K92 5G), LG Leon LTE, LG Neon Plus, LG Nexus 5X, LG Optimus Zone 3, LG Phoenix
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`Family (Phoenix 2, Phoenix 3, Phoenix 5, and Phoenix Plus), LG Premier LTE (CDMA), LG
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`Premier LTE (GSM), LG Prime 2, LG Q Family (Q6, Q7+, Q7+ BTS Limited Edition, and Q70),
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`LG Rebel Family (Rebel 2 LTE (CDMA), Rebel 2 LTE (GSM), Rebel 3 LTE (CDMA), Rebel 3
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`LTE (GSM), Rebel LTE (CDMA), and Rebel LTE (GSM)), LG Reflect, LG Risio 2, LG Risio 4,
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`LG Risio, LG Solo LTE, LG Spree, LG Stylo Family (Stylo 2 V, Stylo 2 Plus, Stylo 2, Stylo 2
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`LTE (CDMA), Stylo 2 LTE (GSM), Stylo 3, Stylo 3 LTE (CDMA), Stylo 3 Plus, Stylo 3 Plus
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`Titan, Stylo 4, Stylo 5, Stylo 5x, and Stylo 6), LG Treasure LTE (CDMA), LG Treasure LTE
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`(GSM), LG Tribute Family (Tribute 5, Tribute Dynasty, Tribute Empire, Tribute Royal, Tribute
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`HD, and Tribute Monarch), LG V Family (V10, V20, V30S ThinQ, V30, V30+, V35 ThinQ, V35
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`ThinQ with Alexa Hands-Free, V40 ThinQ, V50 ThinQ 5G, V60 ThinQ 5G, V60 ThinQ 5G, V60
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`ThinQ 5G Dual Screen, and V60 ThinQ 5G UW), LG Velvet 5G, LG Volt 2, LG Wing 5G, LG X
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`Charge, LG X Power, LG X Style (CDMA), LG X Style (GSM), LG X Venture, LG Xpression
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`Plus 2, LG Xpression Plus 3, and LG Zone 4 (the “’334 Accused Products”). Maxell reserves the
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`right to discover and pursue any additional infringing devices that incorporate infringing
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`functionalities. For the avoidance of doubt, the ’334 Accused Products are identified to describe
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`the Defendants’ infringement and in no way limit the discovery and infringement allegations
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`against Defendants concerning other devices that incorporate the same or reasonably similar
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`functionalities.
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`37.
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`Each of the ’334 Accused Products is a cellular telephone used in a CDMA system,
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`such as WCDMA, TD-SCDMA, and CDMA 1x, and includes a transmitter, such as an RF
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`transmitter.
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`38.
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`Each of the ’334 Accused Products receives signals from and transmits signals to
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`cell-site stations, such as base stations. For example, each of the ’334 Accused Products (e.g., the
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`LG V60 ThinQ 5G) receives a first communication signal (such as a data signal transmitted on a
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`downlink channel) and a transmitting power control signal (such as a TPC transmitted on a
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`downlink channel) from a cell-site station (such as a base station) to provide communication
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`services.
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`39.
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`Upon information and belief, each of the ’334 Accused Products is configured to
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`generate a power control signal derived from the transmitting power control signal (TPC) received
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`from the cell-site station. See e.g., https://www.umtsworld.com/technology/power.htm. For
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`example, the LG V60 ThinQ 5G derives a power control step in response to one or more TPC
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`commands received from the cell-site station and, in accordance with the power control step size,
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`generates a power control signal to carry out power control, including closed loop power control
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`or inner loop power control, of its RF transmitter. Id.
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`40.
`
`Each of the ’334 Accused Products converts a first communication signal (such as
`
`a data signal transmitted on a downlink channel) received from a cell-site station (such as a base
`
`station) into a voice signal code. For example, on information and belief, the LG V60 ThinQ 5G
`
`uses RF receiving components (such as a cellular modem) to transform RF signals received from
`
`a cell-site station into signal codes, including voice signal codes while providing voice calling
`
`functions.
`
`41.
`
`Each of the ’334 Accused Products converts the voice signal code into an audio
`
`signal for driving an acoustic transducer (such as a speaker) of the ’334 Accused Product. For
`
`example, the LG V60 ThinQ 5G converts the voice signal code into an audio signal (such as
`
`through digital-to-analog conversion) to drive a speaker included in the LG V60 ThinQ 5G to be
`
`able to output voice via the speaker during a voice call.
`
`42.
`
`Each of the ’334 Accused Products converts the audio input signal from an acoustic
`
`transducer into an input voice code signal. For example, the LG V60 ThinQ 5G converts the audio
`
`input signal from a microphone into an input voice code signal (such as through analog-to-digital
`
`conversion) to convert voice signals into a code signal for transmission during a voice call.
`
`
`
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`Case 5:23-cv-00152-RWS Document 1 Filed 12/29/23 Page 14 of 65 PageID #: 14
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`
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`43.
`
`Each of the ’334 Accused Products controls the transmitter so that an open-loop
`
`power control is performed prior to a closed-loop power control that is performed according to the
`
`power control signal so as to control the transmitted power to converge into a range required by
`
`the cell-site station. For example, on information and belief, the LG V60 ThinQ 5G performs open
`
`loop power control. See https://www.umtsworld.com/technology/power.htm. On information and
`
`belief, the LG V60 ThinQ 5G then performs closed-loop (or “inner-loop”) power control according
`
`to the power control signal generated from the received TPC commands, in accordance with the
`
`transmitter power control ranges. Id.
`
`44.
`
`On information and belief, each of the ’334 Accused Products has a variable
`
`amplitude amplifier of which it controls the gain, and a power amplifier of which it controls a bias
`
`condition, using a function defining a relation between bias data and gain data stored in memory.
`
`See https://www.qualcomm.com/products/technology/modems/rf (“Power Amplifier Modules”
`
`and “Power Trackers”). The control is such that the function uses bias conditions defined in a ratio
`
`to the maximum bias voltage value and that said bias condition increases gradually to the
`
`maximum value when output intensity increases to the value taken when said cellular telephone is
`
`very far from the cell-site station. For example, upon information and belief, the LGV60 ThinQ
`
`5G includes a Qualcomm Snapdragon chip, operates at multiple power levels, and utilizes an
`
`envelope tracker to adjust the gain of its variable amplitude amplifier, and thus a supply voltage to
`
`and
`
`bias
`
`condition
`
`of
`
`its
`
`power
`
`amplifier.
`
`See
`
`https://www.qualcomm.com/products/mobile/snapdragon/smartphones/snapdragon-8-series-
`
`mobile-platforms/snapdragon-865-5g-mobile-platform. Upon information and belief, the LG V50
`
`ThinQ 5G stores the function described in this paragraph in memory, and uses such function to
`
`change its output power level to support envelope tracking.
`
`
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`14
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`Case 5:23-cv-00152-RWS Document 1 Filed 12/29/23 Page 15 of 65 PageID #: 15
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`
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`45.
`
`The foregoing features and capabilities of the LGV60 ThinQ 5G and each of
`
`the ’334 Accused Products, and Defendants’ description and/or demonstration thereof, including
`
`in user manuals and advertising, reflect Defendants’ direct infringement by satisfying every
`
`element of at least claims 4 and 6 of the ’334 Patent, under 35 U.S.C. § 271(a).
`
`46.
`
`Defendants have indirectly infringed at least claims 4 and 6 of the ’334 Patent in
`
`this judicial district and elsewhere in the United States by, among other things, actively inducing
`
`the use, offering for sale, selling, or importation of at least the ’334 Accused Products. Defendants’
`
`customers who purchase devices and components thereof and operate such devices and
`
`components in accordance with Defendants’ instructions directly infringe one or more claims of
`
`the ’334 Patent in violation of 35 U.S.C. § 271. Defendants instruct their customers through at
`
`least user guides, such as those for the LGV60 ThinQ 5G and other Accused ’334 Products located
`
`at
`
`the
`
`following
`
`websites:
`
`https://ss7.vzw.com/is/content/VerizonWireless/Catalog%20Assets/Devices/LG/LG_V60_ThinQ
`
`/userguide/lg-v60-thinq-5g-lm-v600vmengug-user-manual-en-03132020.pdf
`
`and
`
`https://www.lg.com/us/support/manuals-documents. Defendants
`
`are
`
`thereby
`
`liable
`
`for
`
`infringement of the ’334 Patent pursuant to 35 U.S.C. § 271(b).
`
`47.
`
`Defendants have indirectly infringed at least claims 4 and 6 of the ’334 Patent, by,
`
`among other things, contributing to the direct infringement of others, including customers of
`
`the ’334 Accused Products by making, offering to sell, or selling, in the United States, or importing
`
`a component of a patented process, constituting a materials part of the invention, knowing the same
`
`to be especially made or especially adapted for use in infringement of the ’334 Patent, and not a
`
`staple article or commodity of commerce suitable for substantial non-infringing use.
`
`
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`15
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`Case 5:23-cv-00152-RWS Document 1 Filed 12/29/23 Page 16 of 65 PageID #: 16
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`
`
`48.
`
`For example, the ’334 Accused Products include an envelope tracker and related
`
`RF and amplification components to effectuate power control functionality. These are components
`
`of a patented machine, manufacture, or combination, or an apparatus for use in practicing a
`
`patented process. Furthermore, such components are a material part of the invention and upon
`
`information and belief are not a staple article or commodity of commerce suitable for substantial
`
`non-infringing use. Thus, Defendants are liable for infringement of the ’334 Patent pursuant to 35
`
`U.S.C. § 271(c).
`
`49.
`
`LG has been aware of the ’334 Patent since at least July 19, 2021, based on
`
`correspondence directed to Mr. Hwi jae Cho. See Letter from T. Yamamoto to H. Cho dated Jul.
`
`19, 2021. (Exhibit 2). That correspondence set forth Maxell’s belief that LG makes, uses, sells,
`
`offers to sell, or imports products that infringe certain of Maxell’s patents, and specifically
`
`identified the ’334 Patent as well as exemplary claims and exemplary accused products for that
`
`patent. By the time of trial, LG will thus have known and intended (since receiving such notice),
`
`that its continued actions would actively induce and contribute to actual infringement of at least
`
`claims 4 and 6 of the ’334 Patent.
`
`50.
`
`LG undertook and continued its infringing actions despite an objectively high
`
`likelihood that such activities infringed the ’334 Patent, which has been duly issued by the USPTO,
`
`and is presumed valid. For example, since at least July 19, 2021, LG has been aware of an
`
`objectively high likelihood that their actions constituted and continue to constitute infringement of
`
`the ’334 Patent, and that the ’334 Patent is valid. On information and belief, LG could not
`
`reasonably, subjectively believe that their actions do not constitute infringement of the ’334 Patent,
`
`nor could they reasonably, subjectively believe that the patent is invalid. Despite that knowledge
`
`
`
`16
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`Case 5:23-cv-00152-RWS Document 1 Filed 12/29/23 Page 17 of 65 PageID #: 17
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`
`
`and subjective belief, and the objectively high likelihood that their actions constitute infringement,
`
`LG has continued its infringing activities. As such, LG willfully in