`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`Flexiworld Technologies, Inc.,
`
`
` Plaintiff,
`
`v.
`
`Amazon.com, Inc.,
`Amazon.com Services, Inc., and
`Amazon Web Services, Inc.,
`
`
`Case No.
`
`Patent Case
`
`Jury Trial Demanded
`
`
` Defendants.
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Flexiworld Technologies, Inc., files this Original Complaint for patent
`
`infringement against Amazon.com, Inc., Amazon.com LLC, Amazon.com Services, Inc., and
`
`Amazon Web Services, Inc., alleging as follows:
`
`NATURE OF THE SUIT
`
`1.
`
`This is a claim for patent infringement arising under the patent laws of the United
`
`States, Title 35 of the United States Code.
`
`THE PARTIES
`
`2.
`
`Plaintiff Flexiworld Technologies, Inc. (“Plaintiff” or “Flexiworld”) is a
`
`Washington corporation with its principal place of business at 2716 SE 169th Ave Q147,
`
`Vancouver, WA.
`
`3.
`
`Defendant Amazon.com, Inc. (“AI”) is a Delaware corporation with a principal
`
`place of business located at 410 Terry Avenue North, Seattle, Washington 98109.
`
`4.
`
`Defendant Amazon.com Services, Inc. (“ASI”) is a Delaware corporation with a
`
`principal place of business located at 410 Terry Avenue North, Seattle, Washington 98109. ASI
`
`is registered to do business in Texas and can be served via its registered agent, Corporation
`
`ORIGINAL COMPLAINT
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`Page 1 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 2 of 22
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`Service Company dba CSC – Lawyers Incorporating Service Company at 211 East 7th Street,
`
`Suite 620, Austin, Texas 78701-3218.
`
`5.
`
`Defendant Amazon Web Services, Inc. (“AWSI”) is a Delaware corporation
`
`with a principal place of business located at 410 Terry Avenue North, Seattle, Washington
`
`98109. AWSI is registered to do business in Texas and can be served via its registered agent,
`
`Corporation Service Company dba CSC – Lawyers Incorporating Service Company at 211 East
`
`7th Street, Suite 620, Austin, Texas 78701-3218.
`
`6.
`
`Defendants AI, ALLC, ASI, and AWSI are each individually liable and are jointly
`
`and severally liable for infringement of the Patents-in-Suit. Under theories of alter ego, single
`
`business enterprise liability, and agency, the conduct of each can be attributed to and considered
`
`the conduct of the others for purposes of infringement of the Patents-in-Suit. AI, ALLC, ASI,
`
`and AWS have in the past and continue to hold themselves out as a single entity – “Amazon” –
`
` acting in concert, with knowledge of each other’s actions and control over each other.
`
`7.
`
`Defendants AI, ALLC, ASI, and AWSI are hereinafter collectively referred to as
`
`“Defendants” or “Amazon.”
`
`JURISDICTION AND VENUE
`
`8.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 101, et
`
`seq. This Court’s jurisdiction over this action is proper under the above statutes, including 35
`
`U.S.C. § 271, et seq., 28 U.S.C. § 1331 (federal question jurisdiction), and § 1338 (jurisdiction
`
`over patent actions).
`
`9.
`
`Amazon is subject to personal jurisdiction in this Court. In particular, this Court
`
`has personal jurisdiction over Amazon because Amazon has engaged in continuous, systematic,
`
`and substantial activities within this State, including substantial marketing and sales of products
`
`within this State and this District. Furthermore, upon information and belief, this Court has
`
`ORIGINAL COMPLAINT
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`Page 2 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 3 of 22
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`personal jurisdiction over Amazon because Amazon has committed acts giving rise to
`
`Flexiworld’s claims for patent infringement within and directed to this District.
`
`10.
`
`Upon information and belief, Amazon has committed acts of infringement in this
`
`District and has one or more regular and established places of business within this District under
`
`the language of 28 U.S.C. § 1400(b). Thus, venue is proper in this District under 28 U.S.C.
`
`§ 1400(b).
`
`11.
`
`Amazon maintains a permanent physical presence within the Western District of
`
`Texas, conducting business from at least its locations at 11501 and 11601 Alterra Parkway,
`
`Austin, Texas 78758.
`
`12.
`
`Upon information and belief, Amazon has conducted and does conduct substantial
`
`business in this forum, directly and/or through subsidiaries, agents, representatives, or
`
`intermediaries, such substantial business including but not limited to: (i) at least a portion of the
`
`infringements alleged herein; (ii) purposefully and voluntarily placing one or more infringing
`
`products into the stream of commerce with the expectation that they will be purchased by
`
`consumers in this forum; or (iii) regularly doing or soliciting business, engaging in other
`
`persistent courses of conduct, or deriving substantial revenue from goods and services provided
`
`to individuals in Texas and in this judicial district.
`
`13.
`
`Venue is proper in the Western District of Texas pursuant to 28 U.S.C. §1391 and
`
`28 U.S.C. § 1400(b).
`
`FLEXIWORLD AND THE PATENTS-IN-SUIT
`
`14.
`
`Flexiworld is a pioneer and leading innovator in the field of pervasive wireless
`
`technologies.
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`ORIGINAL COMPLAINT
`
`Page 3 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 4 of 22
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`15.
`
`Flexiworld was founded by American scientist and inventor William Ho Chang
`
`and is an innovator engaged in research and development of technologies for wireless
`
`applications and embedded solutions in short-range wireless (e.g., Bluetooth, WiFi) and mobile
`
`device markets.
`
`16.
`
`Flexiworld has significantly contributed to the innovation of wireless devices such
`
`as mobile phones, notebooks, PDAs, digital cameras, wireless television, wireless printers, and
`
`wireless audio devices, etc.
`
`17.
`
`Flexiworld was voted the best early stage company in the Pacific Northwest in
`
`2002 and Flexiworld’s business plan was also voted, consecutively, as the top 2 among the “Ten
`
`Best” in 2002 and in 2003 by the Business Journal in Silicon Valley, USA.
`
`18.
`
`Flexiworld’s innovative work and results have been widely recognized in the
`
`industry. The company’s patents have been repeatedly forward cited by major technology
`
`companies worldwide, including by Amazon.
`
`19.
`
`Flexiworld develops wireless applications and embedded solutions for the short-
`
`range wireless and mobile device market.
`
`20. William H. Chang, one of the named co-inventors on the Patents-in-Suit, is the
`
`founder and President of Flexiworld. Mr. Chang has been granted over 77 United States patents
`
`and over 91 patents worldwide on his inventions.
`
`21.
`
`Christina Ying Liu, one of the named co-inventors on the Patents-in-suit, is a
`
`Flexiworld shareholder. Ms. Liu has been granted over 60 United States patents and over 70
`
`patents worldwide on her inventions.
`
`22.
`
`This cause of action asserts infringement of United States Patent Nos. 8,332,521
`
`(“the ’521 Patent”), 8,989,064 (“the ’064 Patent”), 9,110,622 (“the ’622 Patent”), 10,133,527
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`ORIGINAL COMPLAINT
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`Page 4 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 5 of 22
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`(“the ’527 Patent”), 10,140,072 (“the ’072 Patent”), 10,162,596 (“the ’596 Patent”), 10,387,087
`
`(“the ’087 Patent”), 10,481,846 (“the ’846 Patent”), 10,489,096 (“the ’096 Patent”), and
`
`10,642,576 (“the ’576 Patent”) (collectively, the “Patents-in-Suit”).
`
`The ʼ521 Patent
`
`23.
`
`The ’521 Patent, entitled “Internet-pad specification, the internet-pad specification
`
`may include a touch sensitive screen, a digital camera, a document application, icons over the
`
`touch sensitive screen for user selection, a wireless communication unit for wireless
`
`connectivity, a digital content application for playing digital content, and an operating system
`
`supporting application programming interface,” duly and legally issued on December 11, 2012,
`
`from U.S. Patent Application No. 12/903,048, filed on October 12, 2010, naming William Ho
`
`Chang and Christina Ying Liu as the inventors. A true and correct copy of the ’521 Patent is
`
`attached hereto as Exhibit 1 and is incorporated by reference.
`
`24.
`
`25.
`
`The ’521 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’521 Patent.
`
`26.
`
`An assignment of the ’521 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the United States Patent and Trademark Office (“PTO”) at Reel/Frame 026177/0419.
`
`27.
`
`Flexiworld has standing to sue for infringement of the ’521 Patent.
`
`The ʼ064 Patent
`
`28.
`
`The ’064 Patent, entitled “Wireless controller wire connectable to output devices
`
`such as televisions for accessing digital content and for wireless communication with mobile
`
`information apparatus,” duly and legally issued on March 24, 2015, from U.S. Patent Application
`
`No. 11/929,445, filed on October 30, 2007, naming William Ho Chang and Christina Ying Liu as
`
`ORIGINAL COMPLAINT
`
`Page 5 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 6 of 22
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`the inventors. A true and correct copy of the ’064 Patent is attached hereto as Exhibit 2 and is
`
`incorporated by reference.
`
`29.
`
`30.
`
`The ’064 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’064 Patent.
`
`31.
`
`An assignment of the ’064 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 029112/0430.
`
`32.
`
`Flexiworld has standing to sue for infringement of the ’064 Patent.
`
`The ʼ622 Patent
`
`33.
`
`The ’622 Patent, entitled “Internet-Pads that include a digital camera, a touch
`
`sensitive screen interface, and support for voice activated commands,” duly and legally issued on
`
`August 18, 2015, from U.S. Patent Application No. 13/710,306, filed on December 10, 2012,
`
`naming William Ho Chang and Christina Ying Liu as the inventors. A true and correct copy of
`
`the ’622 Patent is attached hereto as Exhibit 3 and is incorporated by reference.
`
`34.
`
`35.
`
`The ’622 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’622 Patent.
`
`36.
`
`An assignment of the ’622 Patent from inventors Chang and Liu to Flexiworld is
`
`at the PTO at Reel/Frame 029839/0535.
`
`37.
`
`Flexiworld has standing to sue for infringement of the ’622 Patent.
`
`The ʼ527 Patent
`
`38.
`
`The ’527 Patent, entitled “Wireless devices that communicate, via short range
`
`wireless communication, with a mobile client device for establishing services of the wireless
`
`ORIGINAL COMPLAINT
`
`Page 6 of 22
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`
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 7 of 22
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`device with a server over the internet,” duly and legally issued on November 20, 2018, from U.S.
`
`Patent Application No. 15/358,982, filed on November 22, 2016, naming William Ho Chang and
`
`Christina Ying Liu as the inventors. A true and correct copy of the ʼ527 Patent is attached hereto
`
`as Exhibit 4 and is incorporated by reference.
`
`39.
`
`40.
`
`The ’527 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’527 Patent.
`
`41.
`
`An assignment of the ’527 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 042385/0202.
`
`42.
`
`Flexiworld has standing to sue for infringement of the ’527 Patent.
`
`The ʼ072 Patent
`
`43.
`
`The ’072 Patent, entitled “Sound output system or internet appliance that supports
`
`voice activated commands, and that plays audio data received from a service over a network,”
`
`duly and legally issued on November 27, 2018, from U.S. Patent Application No. 15/494,297,
`
`filed on April 21, 2017, naming William Ho Chang and Christina Ying Liu as the inventors. A
`
`true and correct copy of the ’072 Patent is attached hereto as Exhibit 5 and is incorporated by
`
`reference.
`
`44.
`
`45.
`
`The ’072 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’072 Patent.
`
`46.
`
`An assignment of the ’072 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 042385/0202.
`
`47.
`
`Flexiworld has standing to sue for infringement of the ’072 Patent.
`
`ORIGINAL COMPLAINT
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`Page 7 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 8 of 22
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`The ʼ596 Patent
`
`48.
`
`The ’596 Patent, entitled “Portable electronic device configured to receive voice
`
`activated commands and to wirelessly manage or drive an output device,” duly and legally issued
`
`on December 25, 2018, from U.S. Patent Application No. 15/201,194, filed on July 1, 2016,
`
`naming William Ho Chang and Christina Ying Liu as the inventors. A true and correct copy of
`
`the ’596 Patent is attached hereto as Exhibit 6 and is incorporated by reference.
`
`49.
`
`50.
`
`The ’596 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’596 Patent.
`
`51.
`
`An assignment of the ’596 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 039815/0200.
`
`52.
`
`Flexiworld has standing to sue for infringement of the ’596 Patent.
`
`The ʼ087 Patent
`
`53.
`
`The ’087 Patent, entitled “Output systems or audio output devices that include an
`
`interface operable by a user to initiate wireless discovery for establishing wireless connections
`
`with mobile devices,” duly and legally issued on August 20, 2019, from U.S. Patent Application
`
`No. 15/614,441, filed on June 5, 2017, naming William Ho Chang and Christina Ying Liu as the
`
`inventors. A true and correct copy of the ’087 Patent is attached hereto as Exhibit 7 and is
`
`incorporated by reference.
`
`54.
`
`55.
`
`The ’087 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’087 Patent.
`
`ORIGINAL COMPLAINT
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`Page 8 of 22
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`
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 9 of 22
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`56.
`
`An assignment of the ’087 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 043035/0205.
`
`57.
`
`Flexiworld has standing to sue for infringement of the ’087 Patent.
`
`The ʼ846 Patent
`
`58.
`
`The ’846 Patent, entitled “Software applications and information apparatus for
`
`printing over air or for printing over a network,” duly and legally issued on November 19, 2019,
`
`from U.S. Patent Application No. 15/697,247, filed on September 6, 2017, naming William Ho
`
`Chang and Christina Ying Liu as the inventors. A true and correct copy of the ’846 Patent is
`
`attached hereto as Exhibit 8 and is incorporated by reference.
`
`59.
`
`60.
`
`The ’846 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’846 Patent.
`
`61.
`
`An assignment of the ’846 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 044174/0659.
`
`62.
`
`Flexiworld has standing to sue for infringement of the ’846 Patent.
`
`The ʼ096 Patent
`
`63.
`
`The ’096 Patent, entitled “Information apparatus and application for receiving
`
`digital content from a digital content service over the internet and for playing at least part of the
`
`received digital content at an output device,” duly and legally issued on November 26, 2019,
`
`from U.S. Patent Application No. 15/787,067, filed on October 18, 2017, naming William Ho
`
`Chang and Christina Ying Liu as the inventors. A true and correct copy of the ’096 Patent is
`
`attached hereto as Exhibit 9 and is incorporated by reference.
`
`64.
`
`The ’096 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`ORIGINAL COMPLAINT
`
`Page 9 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 10 of 22
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`65.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’096 Patent.
`
`66.
`
`An assignment of the ’096 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 045907/0890.
`
`67.
`
`Flexiworld has standing to sue for infringement of the ’096 Patent.
`
`The ʼ576 Patent
`
`68.
`
`The ’576 Patent, entitled “Mobile information apparatus that includes wireless
`
`communication circuitry for discovery of an output device for outputting digital content at the
`
`wirelessly discovered output device,” duly and legally issued on May 5, 2020, from U.S. Patent
`
`Application No. 16/229,896, filed on December 21, 2018, naming William Ho Chang and
`
`Christina Ying Liu as the inventors. A true and correct copy of the ’576 Patent is attached hereto
`
`as Exhibit 10 and is incorporated by reference.
`
`69.
`
`70.
`
`The ’576 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
`
`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’576 Patent.
`
`71.
`
`An assignment of the ’576 Patent from inventors Chang and Liu to Flexiworld is
`
`recorded at the PTO at Reel/Frame 039816/0200.
`
`72.
`
`73.
`
`74.
`
`Flexiworld has standing to sue for infringement of the ’576 Patent.
`
`Amazon has not obtained a license to any of the Patents-in-Suit.
`
`Amazon does not have Flexiworld’s permission to make, use, sell, offer to sell, or
`
`import products that are covered by one or more claims of any of the Patents-in-Suit.
`
`75.
`
`Amazon needs to obtain a license to the Patents-in-Suit and cease its ongoing
`
`infringement of Flexiworld’s patent rights.
`
`GENERAL ALLEGATIONS
`
`ORIGINAL COMPLAINT
`
`Page 10 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 11 of 22
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`76.
`
`Amazon makes, uses, sells, offers to sell, and/or imports into the United States
`
`products as claimed in each of the Patents-in-Suit.
`
`77.
`
`Amazon makes, uses, sells, offers to sell, and/or imports into the United States
`
`headphones / ear buds that infringe at least one claim of one or more of the Patents-in-Suit,
`
`including but not limited to Amazon’s Echo Buds product (hereinafter, collectively, “Echo
`
`Buds”).
`
`78.
`
`Amazon makes, uses, sells, offers to sell, and/or imports into the United States
`
`Echo products that infringe at least one claim of one or more of the Patents-in-Suit, including but
`
`not limited to Amazon’s Echo, Echo Plus, and/or Echo Dot products (hereinafter, collectively.
`
`“Echo Devices”).
`
`79.
`
`Amazon makes, uses, sells, offers to sell, and/or imports into the United States
`
`Echo Show products that infringe at least one claim of one or more of the Patents-in-Suit,
`
`including but not limited to Amazon’s Echo Show, Echo Show 5, and/or Echo Show 8 products
`
`(hereinafter, collectively, “Echo Show Devices”).
`
`80.
`
`Amazon makes, uses, sells, offers to sell, and/or imports into the United States
`
`Fire tablet products that infringe at least one claim of one or more of the Patents-in-Suit,
`
`including but not limited to its Fire HD 6, Fire HD 7, Fire HDX 8.9, Fire 7, Fire HD 8, and/or
`
`Fire HD 10 products (hereinafter, collectively, “Fire Tablets”).
`
`81.
`
`Amazon makes, uses, sells, offers to sell, and/or imports into the United States
`
`Fire tablet products that infringe at least one claim of one or more of the Patents-in-Suit,
`
`including but not limited to its Fire TV Stick, Fire TV Stick 4K, and/or Fire TV Cube products
`
`(hereinafter, collectively, “Fire TV Devices”).
`
`ORIGINAL COMPLAINT
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`Page 11 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 12 of 22
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`82.
`
`Amazon has infringed and continues to infringe (literally and/or under the
`
`doctrine of equivalents), directly, indirectly, and/or through subsidiaries, agents, representatives,
`
`or intermediaries, one or more claims of each of the Patents-in-Suit by making, using, importing,
`
`testing, supplying, causing to be supplied, selling, and/or offering for sale in the United States its
`
`Echo Buds, Echo Devices, Echo Show Devices, Fire Tablets, and/or Fire TV Devices
`
`(collectively “the Accused Products”).
`
`83.
`
`Amazon’s customers have directly infringed and continue to directly infringe the
`
`Patents-in-Suit by using the Accused Products purchased from Amazon. Through its product
`
`manuals and/or sales and marketing activities, Amazon solicits, instructs, encourages, and aids
`
`and abets its customers to purchase and use the Accused Products in an infringing way.
`
`84.
`
`Amazon has knowledge of the Patents-in-Suit at least as of the filing of this
`
`lawsuit.
`
`85.
`
`Amazon’s ongoing actions are with specific intent to cause infringement of one or
`
`more claims of each of the Patents-in-Suit.
`
`86.
`
`Further discovery may reveal earlier knowledge of one or more of the Patents-in-
`
`Suit, which would provide additional evidence of Amazon’s specific intent and/or willful
`
`blindness with respect to infringement.
`
`87.
`
`Flexiworld has been and continues to be damaged as a result of Amazon’s
`
`infringing conduct. Amazon is therefore liable to Flexiworld in an amount that adequately
`
`compensates Flexiworld for Amazon’s infringement, which, by law, cannot be less than a
`
`reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`88.
`
`Amazon markets and sells other products that are not covered by the claims of the
`
`Patents-in-Suit but that are sold with or in conjunction with the Accused Products. Accordingly,
`
`ORIGINAL COMPLAINT
`
`Page 12 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 13 of 22
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`Flexiworld is entitled to collect damages from Amazon for convoyed sales of certain non-
`
`patented items.
`
`89.
`
`Amazon failed to obtain permission from Flexiworld to make, use, sell, offer to
`
`sell, or import products incorporating the inventions claimed in the Patents-in-Suit including, but
`
`not limited to, the Accused Products.
`
`90.
`
`Attached hereto are Exhibits 11-20, and incorporated herein by reference, are
`
`representative claim charts detailing how the exemplar Accused Products have, and continue to,
`
`infringe the Patents-in-Suit.
`
`91.
`
`For each count of infringement listed below, Flexiworld incorporates and re-states
`
`the allegations contained in the preceding paragraphs above, including these General
`
`Allegations, as if fully set forth in each count of infringement.
`
`COUNT I – INFRINGEMENT OF THE ’521 PATENT
`
`92.
`
`93.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 91.
`
`Amazon has and continues to directly infringe one or more claims of the ’521
`
`Patent, including, for example, claim 15, in violation of 35 U.S.C. § 271(a) by making, using,
`
`selling, offering for sale, and/or importing into the United States infringing products including,
`
`but not limited to, its Fire Tablets.
`
`94.
`
`Additionally, Amazon is indirectly infringing the ’521 Patent in violation of 35
`
`U.S.C. § 271(b) at least by inducing customers to purchase the Fire Tablets and/or by instructing
`
`customers how to use the Fire Tablets in a way that directly infringes at least claim 15 of the
`
`’521 Patent.
`
`95.
`
`Amazon has had actual knowledge of the ’521 Patent since at least service of this
`
`lawsuit.
`
`ORIGINAL COMPLAINT
`
`Page 13 of 22
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 14 of 22
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`96.
`
`Amazon’s ongoing actions represent a specific intent to induce infringement of at
`
`least claim 15 of the ’521 Patent.
`
`97.
`
`An exemplary claim chart demonstrating Amazon’s infringement of the ’521
`
`Patent is attached as Exhibit 11 and incorporated herein by reference.
`
`98.
`
`As a result of Amazon’s infringement of the ’521 Patent, Flexiworld has suffered
`
`and is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C.
`
`§ 284, but in no event less than a reasonable royalty.
`
`COUNT II – INFRINGEMENT OF THE ’064 PATENT
`
`99.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 91.
`
`100. Amazon has and continues to directly infringe one or more claims of the ’064
`
`Patent, including, for example, claim 15, in violation of 35 U.S.C. § 271(a) by making, using,
`
`selling, offering for sale, and/or importing into the United States infringing products including,
`
`but not limited to, its Fire TV Devices.
`
`101. Additionally, Amazon is indirectly infringing the ’064 Patent in violation of 35
`
`U.S.C. § 271(b) at least by inducing customers to purchase the Fire TV Devices and/or by
`
`instructing customers how to use the Fire TV Devices in a way that directly infringes at least
`
`claim 15 of the ’064 Patent.
`
`102. Amazon has had actual knowledge of the ’064 Patent since at least service of this
`
`lawsuit.
`
`103. An exemplary claim chart demonstrating Amazon’s infringement of the ’064
`
`Patent is attached as Exhibit 12 and incorporated herein by reference.
`
`104. As a result of Amazon’s infringement of the ’064 Patent, Flexiworld has suffered
`
`and is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C.
`
`§ 284, but in no event less than a reasonable royalty.
`
`ORIGINAL COMPLAINT
`
`Page 14 of 22
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`
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`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 15 of 22
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`COUNT III – INFRINGEMENT OF THE ’622 PATENT
`
`105. Flexiworld incorporates herein the allegations made in paragraphs 1 through 91.
`
`106. Amazon has and continues to directly infringe one or more claims of the ’622
`
`Patent, including, for example, claim 15, in violation of 35 U.S.C. § 271(a) by making, using,
`
`selling, offering for sale, and/or importing into the United States infringing products including,
`
`but not limited to, its Fire Tablets.
`
`107. Additionally, Amazon is indirectly infringing the ’622 Patent in violation of 35
`
`U.S.C. § 271(b) at least by inducing customers to purchase the Fire Tablets and/or by instructing
`
`customers how to use the Fire Tablets in a way that directly infringes at least claim 15 of the
`
`’622 Patent.
`
`108. Amazon has had actual knowledge of the ’622 Patent since at least service of this
`
`lawsuit.
`
`109. An exemplary claim chart demonstrating Amazon’s infringement of the ’622
`
`Patent is attached as Exhibit 13 and incorporated herein by reference.
`
`110. As a result of Amazon’s infringement of the ’622 Patent, Flexiworld has suffered
`
`and is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C.
`
`§ 284, but in no event less than a reasonable royalty.
`
`COUNT IV – INFRINGEMENT OF THE ’527 PATENT
`
`111. Flexiworld incorporates herein the allegations made in paragraphs 1 through 91.
`
`112. Amazon has and continues to directly infringe one or more claims of the ’527
`
`Patent, including, for example, claim 8, in violation of 35 U.S.C. § 271(a) by making, using,
`
`selling, offering for sale, and/or importing into the United States infringing products including,
`
`but not limited to, its Echo Devices.
`
`ORIGINAL COMPLAINT
`
`Page 15 of 22
`
`
`
`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 16 of 22
`
`113. Additionally, Amazon is indirectly infringing the ’527 Patent in violation of 35
`
`U.S.C. § 271(b) at least by inducing customers to purchase the Echo Devices and/or by
`
`instructing customers how to use the Echo Devices in a way that directly infringes at least claim
`
`8 of the ’527 Patent.
`
`114. Amazon has had actual knowledge of the ’527 Patent since at least service of this
`
`lawsuit.
`
`115. An exemplary claim chart demonstrating Amazon’s infringement of the ’527
`
`Patent is attached as Exhibit 14 and incorporated herein by reference.
`
`116. As a result of Amazon’s infringement of the ’527 Patent, Flexiworld has suffered
`
`and is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C.
`
`§ 284, but in no event less than a reasonable royalty.
`
`COUNT V – INFRINGEMENT OF THE ’072 PATENT
`
`117. Flexiworld incorporates herein the allegations made in paragraphs 1 through 91.
`
`118. Amazon has and continues to directly infringe one or more claims of the ’072
`
`Patent, including, for example, claim 1, in violation of 35 U.S.C. § 271(a) by making, using,
`
`selling, offering for sale, and/or importing into the United States infringing products including,
`
`but not limited to, its Echo Devices.
`
`119. Additionally, Amazon is indirectly infringing the ’072 Patent in violation of 35
`
`U.S.C. § 271(b) at least by inducing customers to purchase the Echo Devices and/or by
`
`instructing customers how to use the Echo Devices in a way that directly infringes at least claim
`
`1 of the ’072 Patent.
`
`120. Amazon has had actual knowledge of the ’072 Patent since at least service of this
`
`lawsuit.
`
`ORIGINAL COMPLAINT
`
`Page 16 of 22
`
`
`
`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 17 of 22
`
`121. An exemplary claim chart demonstrating Amazon’s infringement of the ’072
`
`Patent is attached as Exhibit 15 and incorporated herein by reference.
`
`122. As a result of Amazon’s infringement of the ’072 Patent, Flexiworld has suffered
`
`and is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C.
`
`§ 284, but in no event less than a reasonable royalty.
`
`COUNT VI – INFRINGEMENT OF THE ’596 PATENT
`
`123. Flexiworld incorporates herein the allegations made in paragraphs 1 through 91.
`
`124. Amazon has and continues to directly infringe one or more claims of the ’596
`
`Patent, including, for example, claim 14, in violation of 35 U.S.C. § 271(a) by making, using,
`
`selling, offering for sale, and/or importing into the United States infringing products including,
`
`but not limited to, its Fire Tablets.
`
`125. Additionally, Amazon is indirectly infringing the ’596 Patent in violation of 35
`
`U.S.C. § 271(b) at least by inducing customers to purchase the Fire Tablets and/or by instructing
`
`customers how to use the Fire Tablets in a way that directly infringes at least claim 14 of the
`
`’596 Patent.
`
`126. Amazon has had actual knowledge of the ’596 Patent since at least service of this
`
`lawsuit.
`
`127. An exemplary claim chart demonstrating Amazon’s infringement of the ’596
`
`Patent is attached as Exhibit 16 and incorporated herein by reference.
`
`128. As a result of Amazon’s infringement of the ’596 Patent, Flexiworld has suffered
`
`and is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C.
`
`§ 284, but in no event less than a reasonable royalty.
`
`COUNT VII – INFRINGEMENT OF THE ’087 PATENT
`
`129. Flexiworld incorporates herein the allegations made in paragraphs 1 through 91.
`
`ORIGINAL COMPLAINT
`
`Page 17 of 22
`
`
`
`Case 6:20-cv-00553-ADA Document 1 Filed 06/22/20 Page 18 of 22
`
`130. Amazon has and continues to directly infringe one or more claims of the ’087
`
`Patent, including, for example, claim 1, in violation of 35 U.S.C. § 271(a) by making, using,
`
`selling, offering for sale, and/or importing into the United States infringing products including,
`
`but not limited to, its Echo Buds.
`
`131. Additionally, Amazon is indirectly infringing the ’087 Patent in violation of 35
`
`U.S.C. § 271(b) at least by inducing customers to purchase the Echo Buds and/or by instructing
`
`customers how to use the Echo Buds in a way that directly infringes at least claim 1 of the ’087
`
`Patent.
`
`132. Amazon has had actual knowledge of the ’087 Patent since at least service of this
`
`lawsuit.
`
`133. An exemplary claim chart demonstrating Amazon’s infringement of the ’087
`
`Patent is attached as Exhibit 17 and incorporated herein by reference.
`
`134. As a result of Amazon’s infringement of the ’087 Patent, Flexiworld has suffered
`
`and is owed monetary damages adequate to compensate it for the infringement under 35 U.S.C.
`
`§ 284, but in no event less than a reasonable royalty.
`
`COUNT VIII – INFRINGEMENT OF THE ’846 PATENT
`
`135. Flexiworld incorporates herein the allegations made in paragraphs 1 through 91.
`
`136. Amazon has and continues to directly infringe one or more claims of the ’846
`
`Patent, including, for example, claim 1, in violation of 35 U.S.C. § 271(a) by making, using,
`
`selling, offering for sale, and/or importing into the United States infringing products including,
`
`but not limited to, its Fire Tablets.
`
`137. Additionally, Amazon is indirectly infringing the ’846 Patent in violation of 35
`
`U.S.C. § 271(b) at least by inducing custome