Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 1 of 11
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTRN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`
`360HEROS, INC.,
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS
`AMERICA, INC. and SAMSUNG
`AUSTIN SEMICONDUCTOR, LLC
`Defendant.
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Civil Action No. 6:21-cv-00883
`
`JURY TRIAL DEMANDED
`
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`360Heros, Inc. (“360Heros”) files this Original Complaint and demand for jury trial
`
`seeking relief from patent infringement of the claims of U.S. Patent No. 9,152,019 (“the ‘019
`
`patent”) (referred to as the “Patent-in-Suit”) by Samsung Electronics America, Inc. (“SEC”) and
`
`Samsung Austin Semiconductor, LLC (“SAS”) (collectively referred to as “Samsung”).
`
`
`
`I.
`
`THE PARTIES
`
`1. Plaintiff 360Heros is a Delaware Corporation with its principal place of business located
`
`at 2216 West State Street, Olean, New York 14760.
`
`2. On information and belief, SEC is a corporation organized and existing under the laws of
`
`the state of New York, with a principal place of business located at 12100 Samsung
`
`Blvd, Austin, TX 78754. On information and belief, SEC manufactures, sells and offers to sell
`
`products and services throughout Texas, including in this judicial district, and introduces products
`
`and services that perform infringing methods or processes into the stream of commerce knowing
`
`that they would be sold in Texas and this judicial district.
`
`3. On information and belief, SAS is a limited liability company organized under the laws of
`
`the State of Texas, with a principal place of business located at 12100 Samsung Blvd, Austin, TX
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTRN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`
`360HEROS, INC.,
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS
`AMERICA, INC. and SAMSUNG
`AUSTIN SEMICONDUCTOR, LLC
`Defendant.
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Civil Action No. 6:21-cv-00883
`
`JURY TRIAL DEMANDED
`
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`360Heros, Inc. (“360Heros”) files this Original Complaint and demand for jury trial
`
`seeking relief from patent infringement of the claims of U.S. Patent No. 9,152,019 (“the ‘019
`
`patent”) (referred to as the “Patent-in-Suit”) by Samsung Electronics America, Inc. (“SEC”) and
`
`Samsung Austin Semiconductor, LLC (“SAS”) (collectively referred to as “Samsung”).
`
`
`
`I.
`
`THE PARTIES
`
`1. Plaintiff 360Heros is a Delaware Corporation with its principal place of business located
`
`at 2216 West State Street, Olean, New York 14760.
`
`2. On information and belief, SEC is a corporation organized and existing under the laws of
`
`the state of New York, with a principal place of business located at 12100 Samsung
`
`Blvd, Austin, TX 78754. On information and belief, SEC manufactures, sells and offers to sell
`
`products and services throughout Texas, including in this judicial district, and introduces products
`
`and services that perform infringing methods or processes into the stream of commerce knowing
`
`that they would be sold in Texas and this judicial district.
`
`3. On information and belief, SAS is a limited liability company organized under the laws of
`
`the State of Texas, with a principal place of business located at 12100 Samsung Blvd, Austin, TX
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 2 of 11
`
`78754. On information and belief, SAS manufactures, sells and offers to sell products and services
`
`throughout Texas, including in this judicial district, and introduces products and services that
`
`perform infringing methods or processes into the stream of commerce knowing that they would be
`
`sold in Texas and this judicial district. Samsung can be served with process at its registered agent
`
`C T Corporation System 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136 USA or anywhere else
`
`it may be found.
`
`
`
`II. JURISDICTION AND VENUE
`
`4. This Court has original subject-matter jurisdiction over the entire action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a) because Plaintiff’s claim arises under an Act of Congress relating to
`
`patents, namely, 35 U.S.C. § 271.
`
`5. This Court has personal jurisdiction over Samsung because: (i) Samsung is present within
`
`or has minimum contacts within the State of Texas and this judicial district; (ii) Samsung has
`
`purposefully availed itself of the privileges of conducting business in the State of Texas and in this
`
`judicial district; and (iii) Plaintiff’s cause of action arises directly from Samsung’s business
`
`contacts and other activities in the State of Texas and in this judicial district.
`
`6. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and 1400(b). Samsung has
`
`committed acts of infringement and has a regular and established place of business in this District.
`
`Further, venue is proper because Samsung conducts substantial business in this forum, directly or
`
`through intermediaries, including: (i) at least a portion of the infringements alleged herein; and (ii)
`
`regularly doing or soliciting business, engaging in other persistent courses of conduct and/or
`
`deriving substantial revenue from goods and services provided to individuals in Texas and this
`
`District.
`
`III.
`
`INFRINGEMENT
`
`
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 3 of 11
`
`A. Infringement of the ‘019 Patent
`
`7. On October 6, 2015, U.S. Patent No. 9,152,019 (“the ‘019 patent”, attached as Exhibit A)
`
`entitled “360 Degree Camera Mount and Related Photographic and Video System” was duly and
`
`legally issued by the U.S. Patent and Trademark Office. 360Heros, LLC owns the ‘019 patent by
`
`assignment.
`
`8. The ‘019 patent provide an apparatus and associated systems and methods for releasably
`
`retaining a plurality of cameras in predetermined orientations to allow for capturing of 360-degree
`
`composite images or 360 degree by 180 degree full spherical images. By providing an assembly
`
`that releasably retains cameras in necessary positions rather than fixing them into an assembly, a
`
`user can easily remove and replace cameras as needed for troubleshooting and service. Ex. 1 at
`
`2:38-58.
`
`9. Samsung designs, manufactures, markets and sells photographic equipment, including, but
`
`not limited to, the 360-Round camera system, that infringe one or more claims of the ‘019 patent,
`
`including one or more of claims 1-37, literally or under the doctrine of equivalents. Samsung put
`
`the inventions claimed by the ‘019 Patent into service (i.e., used them); but for Samsung’s actions,
`
`the claimed-inventions embodiments involving Samsung’s products and services would never
`
`have been put into service. Samsung’s acts complained of herein caused those claimed-invention
`
`embodiments as a whole to perform, and Samsung’s procurement of monetary and commercial
`
`benefit from it.
`
`10. Support for the allegations of infringement may be found in the following preliminary
`
`table:
`
`
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 4 of 11
`Samsung: 360 Round
`
`US9152019 B2
`1. A holding assembly
`configured to releasably
`retain a plurality of
`photographic cameras
`in a predetermined
`orientation, said holding
`assembly comprising:
`
`
`
`
`
`
`
`
`
`
`
`
`<https://www.samsung.com/us/business/mobile/virtual-reality/360-round-vr- camera/>
`
`Samsung: 360 Round has a holding assembly configured to releasably retain a plurality
`of photographic cameras in a predetermined orientation.
`
`The reference includes subject matter disclosed by the claims of the patent after the
`priority date.
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 5 of 11
`Samsung: 360 Round
`
`US9152019 B2
`a support including a
`support body having a
`plurality of support arms
`extending outwardly and
`radially from the support
`body; and
`
`
`
`
`
`<https://www.samsung.com/us/business/mobile/virtual-reality/360-round-vr- camera/>
`
`The reference describes a support including a support body having a plurality of support
`arms extending outwardly and radially from the support body.
`
`
`
`
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 6 of 11
`Samsung: 360 Round
`
`
`
`US9152019 B2
`each of the support
`arms including a
`receptacle disposed
`thereon and in which a
`plurality of the
`receptacles are
`disposed radially about
`the exterior of said
`support body,
`
`
`
`
`
`
`
`<https://www.samsung.com/us/business/mobile/virtual-reality/360-round-vr- camera/>
`
`
`
`The reference describes each of the support arms including a receptacle disposed
`thereon and in which a plurality of the receptacles are disposed radially about the
`exterior of said support body.
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 7 of 11
`Samsung: 360 Round
`
`US9152019 B2
`each of said receptacles
`defining an open-ended
`enclosure having at least
`one latching feature for
`enabling a photographic
`camera to be releasably
`retained within the
`defined enclosure
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`<>
`
`The reference describes each of said receptacles defining an open-ended enclosure
`having at least one latching feature for enabling a photographic camera to be
`releasably retained within the defined enclosure.
`
`
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 8 of 11
`
`US9152019 B2
`wherein the receptacles
`are oriented about said
`support such that each
`retained camera
`provides an overlapping
`field of view, the
`cameras being disposed
`on the support to create
`either a 360 degree by
`180 degree full
`spherical composite
`image or a 360 degree
`composite image.
`
`
`
`
`
`Samsung: 360 Round
`
`
`<https://www.samsung.com/us/business/mobile/virtual-reality/360-round-vr- camera/>
`
`The reference describes the receptacles are oriented about said support such that each
`retained camera provides an overlapping field of view, the cameras being disposed on
`the support to create either a 360 degree by 180 degree full spherical composite image
`or a 360 degree composite image.
`
`
`
`
`
`
`
`
`
`8
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 9 of 11
`
`11. These allegations of infringement are preliminary and are therefore subject to change. For
`
`instance, there are other of Samsung’s products that infringe.
`
`12. Samsung has and continues to induce infringement. Samsung has actively encouraged or
`
`instructed others (e.g., its customers and/or the customers of its related companies), and continues
`
`to do so, on how to use its products and services (e.g., photographic equipment to enable 360-
`
`degree photography) such as to cause infringement of one or more of claims 1–37 of the ‘019
`
`patent, literally or under the doctrine of equivalents. Moreover, Samsung has known of the ‘019
`
`patent and the technology underlying it from at least the date of issuance of the patent or the date
`
`of the filing of this lawsuit.
`
`13. Samsung has and continues to contributorily infringe. Samsung has actively encouraged or
`
`instructed others (e.g., its customers and/or the customers of its related companies), and continues
`
`to do so, on how to use its products and services (e.g., photographic equipment to enable 360-
`
`degree photography) such as to cause infringement of one or more of claims 1–37 of the ‘019
`
`patent, literally or under the doctrine of equivalents. Moreover, Samsung has known of the ‘019
`
`patent and the technology underlying it from at least the date of issuance of the patent or the date
`
`of the filing of this lawsuit.
`
`14. Samsung has caused and will continue to cause 360Heros damage by direct and indirect
`
`infringement of (including inducing infringement of) the claims of the ‘019 patent.
`
`
`
`JURY DEMAND
`
`IV.
`
`360Heros hereby requests a trial by jury on issues so triable by right.
`
`V.
`
`PRAYER FOR RELIEF
`
`
`WHEREFORE, 360Heros prays for relief as follows:
`
`
`
`9
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 10 of 11
`
`a.
`
`b.
`
`enter judgment that Samsung has infringed the claims of the ‘019 patent;
`
`award 360Heros damages in an amount sufficient to compensate it for Samsung’s
`
`infringement of the ‘019 patent in an amount no less than a reasonable royalty or lost
`
`profits, together with pre-judgment and post-judgment interest and costs under 35 U.S.C.
`
`§ 284;
`
`c.
`
`award 360Heros an accounting for acts of infringement not presented at trial and an award
`
`by the Court of additional damage for any such acts of infringement;
`
`d.
`
`declare this case to be “exceptional” under 35 U.S.C. § 285 and award 360Heros its
`
`attorneys’ fees, expenses, and costs incurred in this action;
`
`e.
`
`declare Samsung’s infringement to be willful and treble the damages, including attorneys’
`
`fees, expenses, and costs incurred in this action and an increase in the damage award
`
`pursuant to 35 U.S.C. § 284;
`
`f.
`
`a decree addressing future infringement that either (i) awards a permanent injunction
`
`enjoining Samsung and its agents, servants, employees, affiliates, divisions, and
`
`subsidiaries, and those in association with Samsung from infringing the claims of the
`
`Patents-in-Suit, or (ii) awards damages for future infringement in lieu of an injunction in
`
`an amount consistent with the fact that for future infringement the Samsung will be an
`
`adjudicated infringer of a valid patent, and trebles that amount in view of the fact that the
`
`future infringement will be willful as a matter of law; and
`
`g.
`
`award 360Heros such other and further relief as this Court deems just and proper.
`
`
`
`DATED: August 24, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`10
`
`
`
`Case 6:21-cv-00883-ADA Document 1 Filed 08/24/21 Page 11 of 11
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`RAMEY & SCHWALLER, LLP
`
`/s/William P. Ramey, III
`William P. Ramey, III
`Texas Bar No. 24027643
`5020 Montrose Blvd., Suite 800
`Houston, Texas 77006
`(713) 426-3923 (telephone)
`(832) 900-4941 (fax)
`wramey@rameyfirm.com
`
`Attorneys for 360Heros, Inc.
`
`
`
`11
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
