Case 6:21-cv-00143-ADA Document 1 Filed 02/11/21 Page 1 of 19
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`FLEXIWORLD TECHNOLOGIES, INC.,
`
`v.
`
`Plaintiff,
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`CANON, INC. and
`CANON SOLUTIONS AMERICA, INC.,
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`Defendants.
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`CASE NO. 6:21-cv-0143
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`PATENT CASE
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`JURY TRIAL DEMANDED
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Flexiworld Technologies, Inc., files this Original Complaint for patent
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`infringement against Canon, Inc., and Canon Solutions America, Inc. alleging as follows:
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`NATURE OF THE SUIT
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`1.
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`This is a claim for patent infringement arising under the patent laws of the United
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`States, Title 35 of the United States Code.
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`THE PARTIES
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`2.
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`Plaintiff Flexiworld Technologies, Inc. (“Plaintiff” or “Flexiworld”) is a
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`Washington corporation with its principal place of business at 2716 SE 169th Ave Q147,
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`Vancouver, WA.
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`3.
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`Defendant Canon, Inc. (“CI”) is a Japanese corporation with a principal place of
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`business located at 30-2, Shimomarkuko 3-chome, Ohta-ku, Tokyo 146-8501, Japan.
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`4.
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`Defendant Canon Solutions America, Inc. (“CSAI”) is a New York corporation
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`with a regular and established place of business located at 12515 Research Blvd., Building 7,
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`Suite 110, Austin, Texas, 78759. CSAI is registered to do business in Texas and can be served
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`ORIGINAL COMPLAINT
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`Case 6:21-cv-00143-ADA Document 1 Filed 02/11/21 Page 2 of 19
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`via its registered agent, Corporation Service Company dba CSC – Lawyers Incorporating Service
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`Company at 211 East 7th Street, Suite 620, Austin, Texas 78701-3218.
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`5.
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`Defendants CI and CSAI are each individually liable and are jointly and severally
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`liable for infringement of the Patents-in-Suit. Under theories of alter ego, single business
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`enterprise liability, and agency, the conduct of each can be attributed to and considered the
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`conduct of the others for purposes of infringement of the Patents-in-Suit. CI and CSAI have in
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`the past and continue to hold themselves out as a single entity – “Canon” – acting in concert,
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`with knowledge of each other’s actions and control over each other.
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`6.
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`Defendants CI and CSAI are hereinafter collectively referred to as “Defendant”
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`or “Canon.”
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`JURISDICTION AND VENUE
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`7.
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`This action arises under the patent laws of the United States, 35 U.S.C. § 101, et
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`seq. This Court’s jurisdiction over this action is proper under the above statutes, including 35
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`U.S.C. § 271, et seq., 28 U.S.C. § 1331 (federal question jurisdiction), and § 1338 (jurisdiction
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`over patent actions).
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`8.
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`Canon is subject to personal jurisdiction in this Court. In particular, this Court has
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`personal jurisdiction over Canon because Canon, directly and through its subsidiaries, divisions,
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`groups, or distributors, has sufficient minimum contacts with this forum as a result of business
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`conducted within the State of Texas and/or pursuant to Fed. R. Civ. P. 4(k)(2). Furthermore, on
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`information and belief, Canon has engaged in continuous, systematic, and substantial activities
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`within this State, including substantial marketing and sales of products within this State and this
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`District. Furthermore, on information and belief, this Court has personal jurisdiction over Canon
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`because Canon has committed acts giving rise to Flexiworld’s claims for patent infringement
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`within and directed to this District.
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`ORIGINAL COMPLAINT
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`9.
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`Furthermore, on information and belief, Canon has purposefully and voluntarily
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`placed one or more infringing products into the stream of commerce with the expectation that they
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`will be purchased and/or used by residents of this judicial District, including by directly and
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`indirectly working with distributors, and other entities located in the State of Texas, to ensure the
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`accused products reach the State of Texas and this judicial District, including in the Waco Division.
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`10.
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`Canon also maintains commercial websites accessible to residents of the State of
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`Texas and this judicial District, through which Canon promotes and facilitates sales of the
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`accused products. For example, Canon’s websites https://global.canon/en/index.html and
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`https://csa.canon.com/internet/portal/us/csa are accessible to consumers in the United States,
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`including those in the State of Texas and this judicial District, where Canon supplies information
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`about products that can be in this judicial District, including the accused products identified
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`herein.
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`11.
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`Canon has further availed itself of this District in other lawsuits, such as Canon
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`Inc. v. Optimum Imaging Technologies LLC, No. 1:20-cv-01238 (W.D. Tex.), Canon Inc. v.
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`Roku, Inc., No. 6:19-cv-00245 (W.D. Tex.), and Canon Inc. v. Acecom, Inc., No. 1:18-cv-00181
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`(W.D. Tex.), where Canon filed suit as a plaintiff in a patent infringement lawsuit. In so doing,
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`Canon used this Court’s judicial resources and received protections from this District’s rules and
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`laws.
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`12.
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`This Court has general jurisdiction over Canon due to Canon’s continuous and
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`systematic contacts with the State of Texas and this jurisdiction. Further, Canon is subject to this
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`Court’s jurisdiction because it has committed patent infringement in the State of Texas and this
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`jurisdiction. Thus, Canon has established minimum contacts with the State of Texas and the
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`exercise of jurisdiction would not offend traditional notions of fair play and substantial justice.
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`ORIGINAL COMPLAINT
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`13.
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`On information and belief, Canon has committed acts of infringement in this
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`District and has one or more regular and established places of business within this District under
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`the language of 28 U.S.C. § 1400(b). Canon maintains a permanent physical presence within the
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`Western District of Texas, conducting business from at least its location at 12515 Research
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`Blvd., Building 7, Suite 110, Austin, Texas 78759. Thus, venue is proper in this District with
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`respect to Canon under 28 U.S.C. § 1400(b).
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`14.
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`In addition, on information and belief, venue is proper in this judicial district
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`under 28 U.S.C. § 1391(b), (c) and 1400(b) because Canon has conducted and does conduct
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`substantial business in this forum, directly and/or through subsidiaries, agents, representatives, or
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`intermediaries, such substantial business including but not limited to: (i) at least a portion of the
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`infringements alleged herein; (ii) purposefully and voluntarily placing one or more infringing
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`products into the stream of commerce with the expectation that they will be purchased by
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`consumers in this forum; or (iii) regularly doing or soliciting business, engaging in other
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`persistent courses of conduct, or deriving substantial revenue from goods and services provided
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`to individuals in Texas and in this judicial district. In addition, CI is a foreign entity. 28 U.S.C.
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`§ 1391(c)(3) provides that “a defendant not resident in the United States may be sued in any
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`judicial district.”
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`15.
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`Venue is therefore proper in the Western District of Texas pursuant to 28 U.S.C. §
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`1391 and 28 U.S.C. § 1400(b).
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`FLEXIWORLD AND THE PATENTS-IN-SUIT
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`16.
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`Flexiworld is a pioneer and leading innovator in the field of pervasive wireless
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`technologies.
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`ORIGINAL COMPLAINT
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`17.
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`Flexiworld was founded by American scientist and inventor William Ho Chang
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`and is an innovator engaged in research and development of technologies for wireless
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`applications and embedded solutions in short-range wireless (e.g., Bluetooth, WiFi) and mobile
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`device markets.
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`18.
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`Flexiworld has significantly contributed to the innovation of wireless devices such
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`as mobile phones, notebooks, PDAs, digital cameras, wireless television, wireless printers,
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`wireless audio devices, etc.
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`19.
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`Flexiworld was voted the best early-stage company in the Pacific Northwest in
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`2002 and Flexiworld’s business plan was also voted, consecutively, as the top 2 among the “Ten
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`Best” in 2002 and in 2003 by the Business Journal in Silicon Valley, USA.
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`20.
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`Flexiworld’s innovative work and results have been widely recognized in the
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`industry. The company’s patents have been repeatedly forward cited by major technology
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`companies worldwide, including by Canon.
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`21.
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`Flexiworld has developed wireless applications and embedded solutions for the
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`short-range wireless and mobile device market.
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`22. William H. Chang, one of the named co-inventors on the Patents-in-Suit, is the
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`founder and President of Flexiworld. Mr. Chang has been granted over 77 United States patents
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`and over 91 patents worldwide on his inventions.
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`23.
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`Christina Ying Liu, one of the named co-inventors on the Patents-in-suit, is a
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`Flexiworld shareholder. Ms. Liu has been granted over 60 United States patents and over 70
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`patents worldwide on her inventions.
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`24.
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`This cause of action asserts infringement of United States Patent Nos. 9,036,181
`
`(“the ’181 Patent”), 10,140,071 (“the ’071 Patent”), United States Patent Nos. 10,481,846 (“the
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`ORIGINAL COMPLAINT
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`’846 Patent”), 10,642,576 (“the ’576 Patent”), and 10,761,791 (“the ’791 Patent”) (collectively,
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`the “Patents-in-Suit”).
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`The ʼ181
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`25.
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`The ’181 Patent, entitled “Wireless printing device for printing digital content
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`received via wireless communication compatible, at least partly, with IEEE 802.11 or Bluetooth,”
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`duly and legally issued on May 19, 2015, from U.S. Patent Application No. 12/764,015, filed on
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`April 20, 2010, naming William Ho Chang and Christina Ying Liu as the inventors. A true and
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`correct copy of the ’181 Patent is attached hereto as Exhibit 1 and is incorporated by reference.
`
`26.
`
`27.
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`The ’181 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
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`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’181 Patent.
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`28.
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`An assignment of the ’181 Patent from inventors Chang and Liu to Flexiworld is
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`recorded at the United States Patent and Trademark Office (“PTO”) at Reel/Frame 029112/0430.
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`29.
`
`Flexiworld has standing to sue for infringement of the ’181 Patent.
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`The ʼ071 Patent
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`30.
`
`The ’071 Patent, entitled “ Printers, printer controllers, printer software, or printer
`
`firmware for supporting wireless printing or printing over air,” duly and legally issued on
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`November 27, 2018, from U.S. Patent Application No. 15/332,432, filed on October 24, 2016,
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`naming William Ho Chang and Christina Ying Liu as the inventors. A true and correct copy of
`
`the ’071 Patent is attached hereto as Exhibit 3 and is incorporated by reference.
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`31.
`
`32.
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`The ’071 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 ’071 Patent.
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`ORIGINAL COMPLAINT
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`33.
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`An assignment of the ’071 Patent from inventors Chang and Liu to Flexiworld is
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`at the PTO at Reel/Frame 042385/0202.
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`34.
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`Flexiworld has standing to sue for infringement of the ’071 Patent.
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`The ʼ846 Patent
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`35.
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`The ’846 Patent, entitled, “Software applications and information apparatus for
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`printing over air or for printing over a network,” duly and legally issued on November 19, 2019,
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`from U.S. Patent Application No. 15/697,247, filed on September 6, 2017, naming William Ho
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`Chang and Christina Ying Liu as the inventors. A true and correct copy of the ʼ846 Patent is
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`attached hereto as Exhibit 3 and is incorporated by reference.
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`36.
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`37.
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`The ’846 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
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`Flexiworld is the owner and assignee of all rights, title, and d interest in and under
`
`the ’846 Patent.
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`38.
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`An assignment of the ’846 Patent from inventors Chang and Liu to Flexiworld is
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`recorded at the PTO at Reel/Frame 044174/0659.
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`39.
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`Flexiworld has standing to sue for infringement of the ’846 Patent.
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`The ʼ576 Patent
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`40. The ’576 Patent, entitled, “Mobile information apparatus that includes wireless
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`communication circuitry for discovery of an output device for outputting digital content at the
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`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
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`Christina Ying Liu as the inventors. A true and correct copy of the ʼ846 Patent is attached hereto
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`as Exhibit 4 and is incorporated by reference.
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`41.
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`The ’576 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
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`ORIGINAL COMPLAINT
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`42.
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`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’576 Patent.
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`43.
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`An assignment of the ’576 Patent from inventors Chang and Liu to Flexiworld is
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`recorded at the PTO at Reel/Frame 012382/0239
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`44.
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`Flexiworld has standing to sue for infringement of the ’576 Patent.
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`The ʼ791 Patent
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`45.
`
`The ’791 Patent, entitled, “Wireless printing devices that provide printing services
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`over a network without a need for a client device of the printing device to use, at the client device,
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`a printer specific printer driver,” duly and legally issued on September 1, 2020, from U.S. Patent
`
`Application No. 15/726,899, filed on October 6, 2017, naming William Ho Chang and Christina
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`Ying Liu as the inventors. A true and correct copy of the ʼ791 Patent is attached hereto as Exhibit
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`5 and is incorporated by reference.
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`46.
`
`47.
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`The ’791 Patent claims patent-eligible subject matter under 35 U.S.C. § 101.
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`Flexiworld is the owner and assignee of all rights, title, and interest in and under
`
`the ’791 Patent.
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`48.
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`An assignment of the ’791 Patent from inventors Chang and Liu to Flexiworld is
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`recorded at the PTO at Reel/Frame 043806/0709.
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`49.
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`50.
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`51.
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`Flexiworld has standing to sue for infringement of the ’791 Patent.
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`Canon has not obtained a license to any of the Patents-in-Suit.
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`Canon does not have Flexiworld’s permission to make, use, sell, offer to sell, or
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`import products that are covered by one or more claims of any of the Patents-in-Suit.
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`52.
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`Canon needs to obtain a license to the Patents-in-Suit and cease its ongoing
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`infringement of Flexiworld’s patent rights.
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`ORIGINAL COMPLAINT
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`Case 6:21-cv-00143-ADA Document 1 Filed 02/11/21 Page 9 of 19
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`GENERAL ALLEGATIONS
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`53.
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`Canon makes, uses, sells, offers to sell, and/or imports into the United States
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`products as claimed in each of the Patents-in-Suit.
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`54.
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`Canon makes, uses, sells, offers to sell, and/or imports into the United States
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`wireless printers that infringe at least one claim of one or more of the Patents-in-Suit, including
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`but not limited to Canon’s imageClass and imageRunner wireless printers (“the Accused Wireless
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`Printers”).
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`55.
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`Canon makes, uses, sells, offers to sell, and/or imports into the United States a
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`computer readable medium, with at least part of a software program recorded therein, that infringes
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`at least one claim of one or more of the Patents-in-Suit, including but not limited to computer
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`readable recording mediums with Canon’s PRINT Business App recorded therein (“the Accused
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`Canon Apps”).
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`56.
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`Canon has infringed and continues to infringe (literally and/or under the doctrine
`
`of equivalents), directly, indirectly, and/or through subsidiaries, agents, representatives, or
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`intermediaries, one or more claims of each of the Patents-in-Suit by making, using, importing,
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`testing, supplying, causing to be supplied, selling, and/or offering for sale in the United States the
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`Accused Wireless Printers and/or the Accused Canon Apps (collectively “the Accused
`
`Products”).
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`57.
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`Canon’s customers have directly infringed and continue to directly infringe the
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`Patents-in-Suit by using the Accused Products. Through its product manuals, website, and/or
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`sales and marketing activities, Canon solicits, instructs, encourages, and aids and abets its
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`customers to purchase and use the Accused Products in an infringing way.
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`58.
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`Canon has knowledge of the Patents-in-Suit at least as of service of this lawsuit.
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`ORIGINAL COMPLAINT
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`59.
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`Canon’s ongoing actions are with specific intent to cause infringement of one or
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`more claims of each of the Patents-in-Suit.
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`60.
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`Further discovery may reveal earlier knowledge of one or more of the Patents-in-
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`Suit, which would provide additional evidence of Canon’s specific intent and/or willful blindness
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`with respect to infringement.
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`61.
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`Flexiworld has been and continues to be damaged as a result of Canon’s infringing
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`conduct. Canon is therefore liable to Flexiworld in an amount that adequately compensates
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`Flexiworld for Canon’s infringement, which, by law, cannot be less than a reasonable royalty,
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`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`62.
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`Canon markets and sells other products that are not covered by the claims of the
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`Patents-in-Suit but that are sold with or in conjunction with the Accused Products (e.g., printer
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`ink). Accordingly, Flexiworld is entitled to collect damages from Canon for convoyed sales of
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`certain non-patented items.
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`63.
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`Canon failed to obtain permission from Flexiworld to make, use, sell, offer to sell,
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`or import products incorporating the inventions claimed in the Patents-in-Suit including, but not
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`limited to, the Accused Products.
`
`64.
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`Attached hereto are Exhibits 6-10, and incorporated herein by reference, are
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`representative claim charts detailing how the exemplar Accused Products have, and continue to,
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`infringe the Patents-in-Suit.
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`65.
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`For each count of infringement listed below, Flexiworld incorporates and re-states
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`the allegations contained in the preceding paragraphs above, including these General Allegations,
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`as if fully set forth in each count of infringement.
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`ORIGINAL COMPLAINT
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`COUNT I – INFRINGEMENT OF THE ’181 PATENT
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`66.
`
`67.
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`Flexiworld incorporates herein the allegations made in paragraphs 1 through 65.
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`Canon has and continues to directly infringe one or more claims of the ’181 Patent,
`
`including, for example, claims 1, 2, 3, 5, and 6, 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, the Accused Wireless Printers.
`
`68.
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`Additionally, on information and belief, Canon is indirectly infringing the ’181
`
`Patent in violation of 35 U.S.C. § 271(b) at least by inducing customers to purchase the Accused
`
`Wireless Printers and/or by instructing customers how to use the Accused Wireless Printers in a
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`way that directly infringes at least claims 1, 2, 3, 5, and 6 of the ’181 Patent.
`
`69.
`
`70.
`
`Canon has had actual knowledge of the ’181 Patent since at least January 26, 2021.
`
`On information and belief, Canon’s ongoing actions represent a specific intent to
`
`induce infringement of at least claims 1, 2, 3, 5, and 6 of the ’181 Patent. For example, Canon
`
`offers its customers extensive customer support and instructions that instruct and encourage its
`
`customers to infringe the ʼ181 Patent via at least their use of the Accused Wireless Printers. See,
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`e.g., https://csa.canon.com/internet/portal/us/csa; https://csa.canon.com/internet/portal/us/csa/
`
`support/help-desk; https://csa.canon.com/internet/portal/us/csa/support/.
`
`71.
`
`An exemplary claim chart demonstrating Canon’s infringement of the ʼ181 Patent,
`
`as well as Canon’s customers’ infringement of the ’181 Patent, which is induced by Canon, is
`
`attached as Exhibit 6 and incorporated herein by reference.
`
`72.
`
`As a result of Canon’s infringement of the ’181 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.
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`ORIGINAL COMPLAINT
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`COUNT II – INFRINGEMENT OF THE ’071 PATENT
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`73.
`
`74.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 65.
`
`Canon has and continues to directly infringe one or more claims of the ’071 Patent,
`
`including, for example, claims 1-7, 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, the Accused Wireless Printers.
`
`75.
`
`Additionally, on information and belief, Canon is indirectly infringing the ’071
`
`Patent in violation of 35 U.S.C. § 271(b) at least by inducing customers to purchase the Accused
`
`Wireless Printers and/or by instructing customers how to use the Accused Wireless Printers in a
`
`way that directly infringes at least claims 1-7 of the ’071 Patent.
`
`76.
`
`77.
`
`Canon has had actual knowledge of the ’071 Patent since at least January 26, 2021.
`
`On information and belief, Canon’s ongoing actions represent a specific intent to
`
`induce infringement of at least claims 1-7 of the ’071 Patent. For example, Canon offers its
`
`customers extensive customer support and instructions that instruct and encourage its customers
`
`to infringe the ʼ181 Patent via at least their use of the Accused Wireless Printers. See, e.g.,
`
`https://csa.canon.com/internet/portal/us/csa; https://csa.canon.com/internet/portal/us/csa/
`
`support/help-desk; https://csa.canon.com/internet/portal/us/csa/support/.
`
`78.
`
`An exemplary claim chart demonstrating Canon’s infringement of the ʼ071 Patent,
`
`as well as Canon’s customers’ infringement of the ’071 Patent, which is induced by Canon, is
`
`attached as Exhibit 7 and incorporated herein by reference.
`
`79.
`
`As a result of Canon’s infringement of the ’071 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 III – INFRINGEMENT OF THE ’846 PATENT
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`ORIGINAL COMPLAINT
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`80.
`
`81.
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`Flexiworld incorporates herein the allegations made in paragraphs 1 through 65.
`
`Canon has and continues to directly infringe one or more claims of the ’846 Patent,
`
`including, for example, claims 1-5, 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, the Accused Canon Apps, including non-transitory computer readable storage mediums
`
`with the Accused Canon Apps.
`
`82.
`
`Additionally, on information and belief, Canon is indirectly infringing the ’846
`
`Patent in violation of 35 U.S.C. § 271(b) by inducing customers to purchase and/or download the
`
`Accused Canon Apps and/or by instructing customers how to use the Accused Canon Apps in a
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`way that directly infringes at least claims 1-5 of the ’846 Patent.
`
`83.
`
`84.
`
`Canon has had actual knowledge of the ’846 Patent since at least January 26, 2021.
`
`On information and belief, Canon’s ongoing actions represent a specific intent to
`
`induce infringement of at least claims 1-5 of the ’846 Patent. For example, Canon offers its
`
`customers extensive customer support and instructions, including an instructional video and
`
`brochures, that instruct and encourage its customers to infringe the ʼ846 Patent via at least their
`
`use of the Accused Canon Apps. See, e.g., https://downloads.canon.com/nw/pdfs/
`
`copiers/CanonPrintBusinessPromoFlyer.pdf; https://downloads.canon.com/nw/
`
`pdfs/copiers/CPB-MinimizingTouchPoints-RemoteOperation.pdf; https://csa.canon.com/
`
`internet/portal/us/csa/products/details/software/enterprise-office/canon-print-business-app/canon-
`
`print-buisness-app.
`
`85.
`
`Additionally, on information and belief, Canon is indirectly infringing the ʼ846
`
`Patent in violation of 35 U.S.C. § 271(c) by contributing to the direct infringement of Canon’s
`
`customers. Since at least when it learned of the ʼ846 patent, Canon has known, or should have
`
`ORIGINAL COMPLAINT
`
`Page 13 of 19
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`

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`Case 6:21-cv-00143-ADA Document 1 Filed 02/11/21 Page 14 of 19
`
`known, that the intended use of its Accused Canon Apps by an end user is both patented and
`
`infringing.
`
`86.
`
`The Accused Canon Apps are not staple articles or commodities of commerce
`
`suitable for substantial noninfringing use. Rather, the Accused Canon Apps are especially made
`
`and/or adapted for use in infringing the ʼ846 Patent. Further, the Accused Canon Apps are a
`
`material part of the inventions claimed in claims 1-5 of the ʼ846 Patent. See, e.g.,
`
`https://downloads.canon.com/nw/pdfs/copiers/CanonPrintBusinessPromoFlyer.pdf; https://
`
`downloads.canon.com/nw/pdfs/copiers/CPB-MinimizingTouchPoints-RemoteOperation.pdf;
`
`https://csa.canon.com/internet/portal/us/csa/products/details/software/enterprise-office/canon-
`
`print-business-app/canon-print-buisness-app.
`
`87.
`
`An exemplary claim chart demonstrating Canon’s infringement of the ʼ846 Patent,
`
`as well as Canon’s customers’ infringement of the ’846 Patent, which is induced and contributed
`
`to by Canon, is attached as Exhibit 8 and incorporated herein by reference.
`
`88.
`
`As a result of Canon’s infringement of the ’846 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 ’576 PATENT
`
`89.
`
`90.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 65.
`
`Canon has and continues to directly infringe one or more claims of the ’576 Patent,
`
`including, for example, claims 15, 16, 18, and 20, 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, the Accused Canon App.
`
`91.
`
`Additionally, on information and belief, Canon is indirectly infringing the ’576
`
`Patent in violation of 35 U.S.C. § 271(b) by inducing customers to purchase and/or download the
`
`ORIGINAL COMPLAINT
`
`Page 14 of 19
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`

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`Case 6:21-cv-00143-ADA Document 1 Filed 02/11/21 Page 15 of 19
`
`Accused Canon Apps and/or by instructing customers how to use the Accused Canon Apps in a
`
`way that directly infringes at least claims 15, 16, 18, and 20 of the ’576 Patent.
`
`92.
`
`93.
`
`Canon has had actual knowledge of the ’576 Patent since at least January 26, 2021.
`
`On information and belief, Canon’s ongoing actions represent a specific intent to
`
`induce infringement of at least claims 15, 16, 18, and 20 of the ’576 Patent. For example, Canon
`
`offers its customers extensive customer support and instructions, including an instructional video
`
`and brochures, that instruct and encourage its customers to infringe the ʼ576 Patent via at least
`
`their use of the Accused Canon Apps. See, e.g., https://downloads.canon.com/nw/pdfs/copiers/
`
`CanonPrintBusinessPromoFlyer.pdf; https://downloads.canon.com/nw/pdfs/copiers/CPB-
`
`MinimizingTouchPoints-RemoteOperation.pdf; https://csa.canon.com/internet/portal/us/csa/
`
`products/details/software/enterprise-office/canon-print-business-app/canon-print-buisness-app.
`
`94.
`
`Additionally, on information and belief, Canon is indirectly infringing the ʼ576
`
`Patent in violation of 35 U.S.C. § 271(c) by contributing to the direct infringement of Canon’s
`
`customers. Since at least when it learned of the ʼ576 patent, Canon has known, or should have
`
`known, that the intended use of its Accused Canon Apps by an end user is both patented and
`
`infringing.
`
`95.
`
`The Accused Canon Apps are not staple articles or commodities of commerce
`
`suitable for substantial noninfringing use. Rather, the Accused Canon Apps are especially made
`
`and/or adapted for use in infringing the ʼ576 Patent. Further, the Accused Canon Apps are a
`
`material part of the inventions claimed in claims 15, 16, 18, and 20 of the ʼ576 Patent. See, e.g.,
`
`https://downloads.canon.com/nw/pdfs/copiers/CanonPrintBusinessPromoFlyer.pdf; https://
`
`downloads.canon.com/nw/pdfs/copiers/CPB-MinimizingTouchPoints-RemoteOperation.pdf;
`
`ORIGINAL COMPLAINT
`
`Page 15 of 19
`
`

`

`Case 6:21-cv-00143-ADA Document 1 Filed 02/11/21 Page 16 of 19
`
`https://csa.canon.com/internet/portal/us/csa/products/details/software/enterprise-office/canon-
`
`print-business-app/canon-print-buisness-app.
`
`96.
`
`An exemplary claim chart demonstrating Canon’s infringement of the ʼ576 Patent,
`
`as well as Canon’s customers’ infringement of the ’576 Patent, which is induced and contributed
`
`to by Canon, is attached as Exhibit 9 and incorporated herein by reference.
`
`97.
`
`As a result of Canon’s infringement of the ’576 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 ’791 PATENT
`
`98.
`
`99.
`
`Flexiworld incorporates herein the allegations made in paragraphs 1 through 65.
`
`Canon has and continues to directly infringe one or more claims of the ’791 Patent,
`
`including, for example, claims 1-5, 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, the Accused Wireless Printers.
`
`100. Additionally, on information and belief, Canon is indirectly infringing the ’791
`
`Patent in violation of 35 U.S.C. § 271(b) at least by inducing customers to purchase the Accused
`
`Wireless Printers and/or by instructing customers how to use the Accused Wireless Printers in a
`
`way that directly infringes at least claims 1-5 of the ’791 Patent.
`
`101. Canon has had actual knowledge of the ’791 Patent since at least January 26, 2021.
`
`102. On information and belief, Canon’s ongoing actions represent a specific intent to
`
`induce infringement of at least claims 1-5 of the ’791 Patent. For example, Canon offers its
`
`customers extensive customer support and instructions that instruct and encourage its customers
`
`to infringe the ʼ791 Patent via at least their use of the Accused Wireless Printers. See, e.g.,
`
`ORIGINAL COMPLAINT
`
`Page 16 of 19
`
`

`

`Case 6:21-cv-00143-ADA Document 1 Filed 02/11/21 Page 17 of 19
`
`https://csa.canon.com/internet/portal/us/csa; https://csa.canon.com/internet/portal/us/csa/
`
`support/help-desk; https://csa.canon.com/internet/portal/us/csa/support/.
`
`103. An exemplary claim chart demonstrating Canon’s infringement of the ʼ791 Patent,
`
`as well as Canon’s customers’ infringement of the ’791 Patent, which is induced by Canon, is
`
`attached as Exhibit 10 and incorporated herein by reference.
`
`104. As a result of Canon’s infringement of the ’791 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.
`
`
`
`DEMAND FOR A JURY TRIAL
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Flexiworld demands a trial by
`
`jury on all issues triable of right by a jury.
`
`
`
`
`
`ORIGINAL COMPLAINT
`
`Page 17 of 19
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`

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`Case 6:21-cv-00143-ADA Document 1 Filed 02/11/21 Page 18 of 19
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Flexiworld respectfully requests that this Court enter judgment in its favor
`
`and grant the following relief:
`
`a.
`
`
`b.
`
`
`c.
`
`
`d.
`
`
`e.
`
`f.
`
`A judgment that Canon has directly and/or indirectly infringed one or more claims
`of each of the Patents-in-Suit;
`
`A judgment and order requiring Canon to pay Flexiworld past and future damages
`under 35 U.S.C. § 284, including for supplemental damages arising from any
`continuing post-verdict infringement for the time between trial and entry of the final
`judgment with an accounting, as needed, as provided by 35 U.S.C. § 284;
`
`A judgment and order requiring Ca