Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 1 of 13
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Cedar Lane Technologies Inc.,
`
`
`
`
`
`Plaintiff,
`
`v.
`
`HTC Corporation,
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`Case No. 6:21-cv-420
`
`Patent Case
`
`Jury Trial Demanded
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
`
`
`
`
`1.
`
`Plaintiff Cedar Lane Technologies Inc. (“Plaintiff”), through its attorneys,
`
`complains of HTC Corporation (“Defendant”), and alleges the following:
`
`PARTIES
`
`2.
`
`Plaintiff Cedar Lane Technologies Inc. is a corporation organized and existing
`
`under the laws of Canada that maintains its principal place of business at 560 Baker Street, Suite
`
`1, Nelson, BC V1L 4H9.
`
`3.
`
`Defendant HTC Corporation is a corporation organized and existing under the
`
`laws of Taiwan that maintains an established place of business at No. 23, Xinghua Road,
`
`Taoyuan District, Taoyuan City, Taiwan 330.
`
`JURISDICTION
`
`4.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Cedar Lane Technologies Inc.,
`
`
`
`
`
`Plaintiff,
`
`v.
`
`HTC Corporation,
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`Case No. 6:21-cv-420
`
`Patent Case
`
`Jury Trial Demanded
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
`
`
`
`
`1.
`
`Plaintiff Cedar Lane Technologies Inc. (“Plaintiff”), through its attorneys,
`
`complains of HTC Corporation (“Defendant”), and alleges the following:
`
`PARTIES
`
`2.
`
`Plaintiff Cedar Lane Technologies Inc. is a corporation organized and existing
`
`under the laws of Canada that maintains its principal place of business at 560 Baker Street, Suite
`
`1, Nelson, BC V1L 4H9.
`
`3.
`
`Defendant HTC Corporation is a corporation organized and existing under the
`
`laws of Taiwan that maintains an established place of business at No. 23, Xinghua Road,
`
`Taoyuan District, Taoyuan City, Taiwan 330.
`
`JURISDICTION
`
`4.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`
`
`
`1
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 2 of 13
`
`5.
`
`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendant because it has engaged in
`
`systematic and continuous business activities in this District. As described below, Defendant has
`
`committed acts of patent infringement giving rise to this action within this District.
`
`VENUE
`
`7.
`
`Venue is proper in this District under 28 U.S.C. § 1391(c) because Defendant is a
`
`foreign corporation. In addition, Defendant has committed acts of patent infringement in this
`
`District, and Plaintiff has suffered harm in this district.
`
`PATENTS-IN-SUIT
`
`8.
`
`Plaintiff is the assignee of all right, title and interest in United States Patent Nos.
`
`10,346,105; 6,566,805; 6,972,774; 6,972,790; and 8,537,242 (the “Patents-in-Suit”); including
`
`all rights to enforce and prosecute actions for infringement and to collect damages for all
`
`relevant times against infringers of the Patents-in-Suit. Accordingly, Plaintiff possesses the
`
`exclusive right and standing to prosecute the present action for infringement of the Patents-in-
`
`Suit by Defendant.
`
`THE ’105 PATENT
`
`9.
`
`The ’105 Patent is entitled “Method and system for communicating between a
`
`remote printer and a server,” and issued 2019-07-09. The application leading to the ’105 Patent
`
`was filed on 2018-05-25. A true and correct copy of the ’105 Patent is attached hereto as Exhibit
`
`1 and incorporated herein by reference.
`
`THE ’805 PATENT
`
`10.
`
`The ’805 Patent is entitled “Organic electro-luminescent device with first and
`
`second composite layers,” and issued 2003-05-20. The application leading to the ’805 Patent was
`2
`
`
`
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 3 of 13
`
`filed on 2000-09-28. A true and correct copy of the ’805 Patent is attached hereto as Exhibit 2
`
`and incorporated herein by reference.
`
`THE ’774 PATENT
`
`11.
`
`The ’774 Patent is entitled “Image processing system for inserting plurality of
`
`images into composite area, and medium,” and issued 2005-12-06. The application leading to the
`
`’774 Patent was filed on 2000-12-18. A true and correct copy of the ’774 Patent is attached
`
`hereto as Exhibit 3 and incorporated herein by reference.
`
`THE ’790 PATENT
`
`12.
`
`The ’790 Patent is entitled “Host interface for imaging arrays,” and issued 2005-
`
`12-06. The application leading to the ’790 Patent was filed on 2000-12-21. A true and correct
`
`copy of the ’790 Patent is attached hereto as Exhibit 4 and incorporated herein by reference.
`
`THE ’242 PATENT
`
`13.
`
`The ’242 Patent is entitled “Host interface for imaging arrays,” and issued 2013-
`
`09-17. The application leading to the ’242 Patent was filed on 2005-10-27. A true and correct
`
`copy of the ’242 Patent is attached hereto as Exhibit 5 and incorporated herein by reference.
`
`COUNT 1: INFRINGEMENT OF THE ’105 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`14.
`
`15.
`
`or more claims of the ’105 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 ’105 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’105 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`3
`
`
`
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 4 of 13
`
`’105 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`16.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’105 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`17.
`
`Actual Knowledge of Infringement. The service of this Complaint, in
`
`conjunction with the attached claim charts and references cited, constitutes actual knowledge of
`
`infringement as alleged here.
`
`18.
`
`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 ’105 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 ’105 Patent. See Exhibit 6
`
`(extensively referencing these materials to demonstrate how they direct end users to commit
`
`patent infringement).
`
`19.
`
`Induced Infringement. At least since being served by this Complaint and
`
`corresponding claim charts, Defendant has actively, knowingly, and intentionally continued to
`
`induce infringement of the ’105 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 ’105 Patent.
`
`20.
`
`Exhibit 6 includes charts comparing the Exemplary ’105 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`
`
`
`4
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 5 of 13
`
`practice the technology claimed by the ’105 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’105 Patent Claims.
`
`21.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 6.
`
`22.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant's
`
`infringement.
`
`23.
`
`24.
`
`COUNT 2: INFRINGEMENT OF THE ’805 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’805 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 ’805 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’805 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’805 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`25.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’805 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`26.
`
`Actual Knowledge of Infringement. The service of this Complaint, in
`
`conjunction with the attached claim charts and references cited, constitutes actual knowledge of
`
`infringement as alleged here.
`
`
`
`
`5
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 6 of 13
`
`27.
`
`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 ’805 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 ’805 Patent. See Exhibit 7
`
`(extensively referencing these materials to demonstrate how they direct end users to commit
`
`patent infringement).
`
`28.
`
`Induced Infringement. At least since being served by this Complaint and
`
`corresponding claim charts, Defendant has actively, knowingly, and intentionally continued to
`
`induce infringement of the ’805 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 ’805 Patent.
`
`29.
`
`Exhibit 7 includes charts comparing the Exemplary ’805 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’805 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’805 Patent Claims.
`
`30.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 7.
`
`31.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant's
`
`infringement.
`
`COUNT 3: INFRINGEMENT OF THE ’774 PATENT
`
`32.
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`
`
`
`6
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 7 of 13
`
`33.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’774 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 ’774 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’774 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’774 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`34.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’774 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`35.
`
`Actual Knowledge of Infringement. The service of this Complaint, in
`
`conjunction with the attached claim charts and references cited, constitutes actual knowledge of
`
`infringement as alleged here.
`
`36.
`
`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 ’774 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 ’774 Patent. See Exhibit 8
`
`(extensively referencing these materials to demonstrate how they direct end users to commit
`
`patent infringement).
`
`
`
`
`7
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 8 of 13
`
`37.
`
`Induced Infringement. At least since being served by this Complaint and
`
`corresponding claim charts, Defendant has actively, knowingly, and intentionally continued to
`
`induce infringement of the ’774 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 ’774 Patent.
`
`38.
`
`Exhibit 8 includes charts comparing the Exemplary ’774 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’774 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’774 Patent Claims.
`
`39.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 8.
`
`40.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant's
`
`infringement.
`
`41.
`
`42.
`
`COUNT 4: INFRINGEMENT OF THE ’790 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’790 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 ’790 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’790 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`
`
`
`8
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 9 of 13
`
`’790 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`43.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’790 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`44.
`
`Actual Knowledge of Infringement. The service of this Complaint, in
`
`conjunction with the attached claim charts and references cited, constitutes actual knowledge of
`
`infringement as alleged here.
`
`45.
`
`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 ’790 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 ’790 Patent. See Exhibit 9
`
`(extensively referencing these materials to demonstrate how they direct end users to commit
`
`patent infringement).
`
`46.
`
`Induced Infringement. At least since being served by this Complaint and
`
`corresponding claim charts, Defendant has actively, knowingly, and intentionally continued to
`
`induce infringement of the ’790 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 ’790 Patent.
`
`47.
`
`Exhibit 9 includes charts comparing the Exemplary ’790 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`
`
`
`9
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 10 of 13
`
`practice the technology claimed by the ’790 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’790 Patent Claims.
`
`48.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 9.
`
`49.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant's
`
`infringement.
`
`50.
`
`51.
`
`COUNT 5: INFRINGEMENT OF THE ’242 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’242 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 ’242 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’242 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’242 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`52.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’242 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`53.
`
`Actual Knowledge of Infringement. The service of this Complaint, in
`
`conjunction with the attached claim charts and references cited, constitutes actual knowledge of
`
`infringement as alleged here.
`
`
`
`
`10
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 11 of 13
`
`54.
`
`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 ’242 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 ’242 Patent. See Exhibit 10
`
`(extensively referencing these materials to demonstrate how they direct end users to commit
`
`patent infringement).
`
`55.
`
`Induced Infringement. At least since being served by this Complaint and
`
`corresponding claim charts, Defendant has actively, knowingly, and intentionally continued to
`
`induce infringement of the ’242 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 ’242 Patent.
`
`56.
`
`Exhibit 10 includes charts comparing the Exemplary ’242 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’242 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’242 Patent Claims.
`
`57.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 10.
`
`58.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant's
`
`infringement.
`
`JURY DEMAND
`
`59.
`
`Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
`
`requests a trial by jury on all issues so triable.
`
`
`
`
`11
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 12 of 13
`
`WHEREFORE, Plaintiff respectfully requests the following relief:
`
`PRAYER FOR RELIEF
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
`
`I.
`
`J.
`
`K.
`
`L.
`
`A judgment that the ’105 Patent is valid and enforceable
`
`A judgment that Defendant has infringed directly and indirectly one or more
`
`claims of the ’105 Patent;
`
`A judgment that the ’805 Patent is valid and enforceable
`
`A judgment that Defendant has infringed directly and indirectly one or more
`
`claims of the ’805 Patent;
`
`A judgment that the ’774 Patent is valid and enforceable
`
`A judgment that Defendant has infringed directly and indirectly one or more
`
`claims of the ’774 Patent;
`
`A judgment that the ’790 Patent is valid and enforceable
`
`A judgment that Defendant has infringed directly and indirectly one or more
`
`claims of the ’790 Patent;
`
`A judgment that the ’242 Patent is valid and enforceable
`
`A judgment that Defendant has infringed directly and indirectly one or more
`
`claims of the ’242 Patent;
`
`An accounting of all damages not presented at trial;
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
`
`for Defendant's continuing or future infringement, up until the date such judgment
`
`is entered with respect to the ’105; ’805; ’774; ’790; and ’242 Patents, including
`
`pre- or post-judgment interest, costs, and disbursements as justified under 35
`
`U.S.C. § 284;
`
`12
`
`
`
`
`
`
`Case 6:21-cv-00420-ADA Document 1 Filed 04/27/21 Page 13 of 13
`
`M.
`
`And, if necessary, to adequately compensate Plaintiff for Defendant's
`
`infringement, an accounting:
`
`i.
`
`that this case be declared exceptional within the meaning of 35 U.S.C. § 285
`
`and that Plaintiff be awarded its reasonable attorneys fees against Defendant
`
`that it incurs in prosecuting this action;
`
`ii.
`
`that Plaintiff be awarded costs, and expenses that it incurs in prosecuting
`
`this action; and
`
`iii.
`
`that Plaintiff be awarded such further relief at law or in equity as the Court
`
`deems just and proper.
`
`
`
`Dated: April 27, 2021
`
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`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Isaac Rabicoff
`Isaac Rabicoff
`Rabicoff Law LLC
`5680 King Centre Dr, Suite 645
`Alexandria, VA 22315
`7736694590
`isaac@rabilaw.com
`
`Counsel for Plaintiff
`Cedar Lane Technologies Inc.
`
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`13
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`
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