`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`Richman Technology Corporation,
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`Plaintiff,
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`v.
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`Samsung Electronics America, Inc.,
`
`
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`Case No. 6:20-cv-770
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`Patent Case
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`Jury Trial Demanded
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`Defendant.
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`
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Richman Technology Corporation (“Plaintiff”), through its attorneys, complains
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`of Samsung Electronics America, Inc. (“Defendant”), and alleges the following:
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`PARTIES
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`1.
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`Plaintiff Richman Technology Corporation is a corporation organized and
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`existing under the laws of Delaware that maintains its principal place of business at 7840
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`Mission Center Ct, San Diego, CA 92108.
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`2.
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`Defendant Samsung Electronics America, Inc. is a corporation organized and
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`existing under the laws of New York that maintains an established place of business at 12100
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`Samsung Blvd, Austin, TX 78754.
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`JURISDICTION
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code.
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`4.
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`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
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`1338(a).
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`1
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`Case 6:20-cv-00770-ADA Document 1 Filed 08/25/20 Page 2 of 10
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`5.
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`This Court has personal jurisdiction over Defendant because it has engaged in
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`systematic and continuous business activities in this District. As described below, Defendant has
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`committed acts of patent infringement giving rise to this action within this District.
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`VENUE
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`6.
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`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
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`committed acts of patent infringement in this District, and has an established place of business in
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`this District. In addition, Plaintiff has suffered harm in this district.
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`PATENTS-IN-SUIT
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`7.
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`Plaintiff is the assignee of all right, title and interest in United States Patent Nos.
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`8,350,698 (the “’698 Patent”); 8,981,933 (the “’933 Patent”); 9,449,484 (the “’484 Patent”);
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`(collectively the “Patents-in-Suit”); including all rights to enforce and prosecute actions for
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`infringement and to collect damages for all relevant times against infringers of the Patents-in-
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`Suit. Accordingly, Plaintiff possesses the exclusive right and standing to prosecute the present
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`action for infringement of the Patents-in-Suit by Defendant.
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`The ’698 Patent
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`8.
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`The ’698 Patent is entitled “Method and protocol for real time security system,”
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`and issued 1/8/2013. The application leading to the ’698 Patent was filed on 6/30/2011. A true
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`and correct copy of the ’698 Patent is attached hereto as Exhibit 1 and incorporated herein by
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`reference.
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`9.
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`The ’698 Patent is valid and enforceable.
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`The ’933 Patent
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`10.
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`The ’933 Patent is entitled “System for real time security monitoring,” and issued
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`3/17/2015. The application leading to the ’933 Patent was filed on 12/28/2012. A true and
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`
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`2
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`Case 6:20-cv-00770-ADA Document 1 Filed 08/25/20 Page 3 of 10
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`correct copy of the ’933 Patent is attached hereto as Exhibit 2 and incorporated herein by
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`reference.
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`11.
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`The ’933 Patent is valid and enforceable.
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`The ’484 Patent
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`12.
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`The ’484 Patent is entitled “System for real time security monitoring,” and issued
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`9/20/2016. The application leading to the ’484 Patent was filed on 2/17/2015. A true and correct
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`copy of the ’484 Patent is attached hereto as Exhibit 3 and incorporated herein by reference.
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`13.
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`The ’484 Patent is valid and enforceable.
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`COUNT 1: INFRINGEMENT OF THE ’698 PATENT
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant has been and continues to directly infringe one
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`14.
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`15.
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`or more claims of the ’698 Patent in at least this District by making, using, offering to sell,
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`selling and/or importing, without limitation, at least the Defendant products identified in the
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`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
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`infringe at least the exemplary claims of the ’698 Patent also identified in the charts incorporated
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`into this Count below (the “Exemplary ’698 Patent Claims”) literally or by the doctrine of
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`equivalents. On information and belief, numerous other devices that infringe the claims of the
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`’698 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
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`customers.
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`16.
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`Defendant also has and continues to directly infringe, literally or under the
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`doctrine of equivalents, the Exemplary ’698 Patent Claims, by having its employees internally
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`test and use these Exemplary Products.
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`17.
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`The service of this Complaint upon Defendant constitutes actual knowledge of
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`infringement as alleged here.
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`3
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`Case 6:20-cv-00770-ADA Document 1 Filed 08/25/20 Page 4 of 10
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`18.
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`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
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`for sale, market, and/or import into the United States, products that infringe the ’698 Patent. On
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`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
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`and distribute product literature and website materials inducing end users and others to use its
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`products in the customary and intended manner that infringes the ’698 Patent. Thus, on
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`information and belief, Defendant is contributing to and/or inducing the infringement of the ’698
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`Patent.
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`19.
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`Induced Infringement. Defendant actively, knowingly, and intentionally has
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`been and continues to induce infringement of the ’698 Patent, literally or by the doctrine of
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`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
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`products in a manner that infringes one or more claims of the ’698 Patent.
`
`20.
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`Contributory Infringement. Defendant actively, knowingly, and intentionally
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`has been and continues materially contribute to their own customers’ infringement of the ’698
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
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`’698 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
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`suitable for substantial noninfringing use.
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`21.
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`Exhibit 4 includes charts comparing the Exemplary ’698 Patent Claims to the
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`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
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`practice the technology claimed by the ’698 Patent. Accordingly, the Exemplary Defendant
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`Products incorporated in these charts satisfy all elements of the Exemplary ’698 Patent Claims.
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`22.
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`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 4.
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`4
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`Case 6:20-cv-00770-ADA Document 1 Filed 08/25/20 Page 5 of 10
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`23.
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`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
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`infringement.
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`24.
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`25.
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`COUNT 2: INFRINGEMENT OF THE ’933 PATENT
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant has been and continues to directly infringe one
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`or more claims of the ’933 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’933 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’933 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’933 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
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`26.
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`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’933 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
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`27.
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`The service of this Complaint upon Defendant constitutes actual knowledge of
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`infringement as alleged here.
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`28.
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`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’933 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’933 Patent. Thus, on
`
`
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`5
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`Case 6:20-cv-00770-ADA Document 1 Filed 08/25/20 Page 6 of 10
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`information and belief, Defendant is contributing to and/or inducing the infringement of the ’933
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`Patent.
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`29.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
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`been and continues to induce infringement of the ’933 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’933 Patent.
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`30.
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`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’933
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`’933 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`31.
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`Exhibit 5 includes charts comparing the Exemplary ’933 Patent Claims to the
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`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
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`practice the technology claimed by the ’933 Patent. Accordingly, the Exemplary Defendant
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`Products incorporated in these charts satisfy all elements of the Exemplary ’933 Patent Claims.
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`32.
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`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 5.
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`33.
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`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
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`infringement.
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`34.
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`35.
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`COUNT 3: INFRINGEMENT OF THE ’484 PATENT
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’484 Patent in at least this District by making, using, offering to sell,
`
`
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`6
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`Case 6:20-cv-00770-ADA Document 1 Filed 08/25/20 Page 7 of 10
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`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’484 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’484 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’484 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`36.
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`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’484 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`37.
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`The service of this Complaint upon Defendant constitutes actual knowledge of
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`infringement as alleged here.
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`38.
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`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’484 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’484 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’484
`
`Patent.
`
`39.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’484 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’484 Patent.
`
`
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`7
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`Case 6:20-cv-00770-ADA Document 1 Filed 08/25/20 Page 8 of 10
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`40.
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`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’484
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`’484 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`41.
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`Exhibit 6 includes charts comparing the Exemplary ’484 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’484 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’484 Patent Claims.
`
`42.
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`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 6.
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`43.
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`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
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`infringement.
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`JURY DEMAND
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`44.
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`Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
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`requests a trial by jury on all issues so triable.
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`WHEREFORE, Plaintiff respectfully requests the following relief:
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`PRAYER FOR RELIEF
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`A.
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`B.
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`A judgment that the ’698 Patent is valid and enforceable;
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`A judgment that Defendant has infringed, contributorily infringed, and/or induced
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`infringement of one or more claims of the ’698 Patent;
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`C.
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`A judgment that the ’933 Patent is valid and enforceable;
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`
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`8
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`Case 6:20-cv-00770-ADA Document 1 Filed 08/25/20 Page 9 of 10
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`D.
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`A judgment that Defendant has infringed, contributorily infringed, and/or induced
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`E.
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`F.
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`G.
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`H.
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`infringement of one or more claims of the ’933 Patent;
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`A judgment that the ’484 Patent is valid and enforceable;
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`A judgment that Defendant has infringed, contributorily infringed, and/or induced
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`infringement of one or more claims of the ’484 Patent;
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`An accounting of all damages not presented at trial;
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`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendant’s past infringement and, with respect to the ’698 patent, the ’933
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`patent, the ’484 patent, any continuing or future infringement, up until the date
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`such judgment is entered including pre- or post-judgment interest, costs, and
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`disbursements as justified under 35 U.S.C. § 284;
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`I.
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`And, if necessary, to adequately compensate Plaintiff for Defendant’s
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`infringement, an accounting:
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`i.
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`that this case be declared exceptional within the meaning of 35 U.S.C. § 285
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`and that Plaintiff be awarded its reasonable attorneys’ fees against Defendant
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`that it incurs in prosecuting this action;
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`ii.
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`that Plaintiff be awarded costs, and expenses that it incurs in prosecuting this
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`action; and
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`iii.
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`that Plaintiff be awarded such further relief at law or in equity as the Court
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`deems just and proper.
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`Dated: August 25, 2020
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`
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`Respectfully submitted,
`
`
`/s/ Isaac Rabicoff
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`9
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`Case 6:20-cv-00770-ADA Document 1 Filed 08/25/20 Page 10 of 10
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`Isaac Rabicoff
`Rabicoff Law LLC
`73 W Monroe St
`Chicago, IL 60603
`(773) 669-4590
`isaac@rabilaw.com
`
`Counsel for Plaintiff
`Richman Technology Corporation
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`10
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