Innovative Display Technologies LLC v. Google Inc et al

Filing 1

COMPLAINT against Google Inc, Motorola Mobility LLC ( Filing fee $ 400 receipt number 0540-4603556.), filed by Innovative Display Technologies LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Bragalone, Jeffrey)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
INNOVATIVE DISPLAY
TECHNOLOGIES LLC

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Plaintiff,
v.
GOOGLE INC. and MOTOROLA
MOBILITY, LLC,
Defendants.

C.A. No. ____
JURY TRIAL DEMANDED

PLAINTIFF’S COMPLAINT
Innovative Display Technologies LLC (“Plaintiff”) by and through its undersigned
counsel, files this Complaint against Google, Inc. and Motorola Mobility, LLC (collectively,
“Defendants”).
THE PARTIES
1.

Innovative Display Technologies LLC (“IDT”) is a Texas limited liability company

with its principal place of business located at 2400 Dallas Parkway, Suite 200, Plano, Texas 75093.
2.

Upon information and belief, Google, Inc., (“Google”) is a Delaware corporation

with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043. Upon information
and belief, Google may be served with process by serving its registered agent, Corporation Service
Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620,
Austin, Texas 78701.
3.

Upon information and belief, Motorola Mobility, LLC (“Motorola”) is a

corporation organized under the laws of the State of Delaware with its principle place of business
at 600 North U.S. Highway 45, Libertyville, Illinois 60048. Upon information and belief, Motorola

1

Mobility, LLC is a wholly-owned subsidiary of Google, Inc. Upon information and belief, Google
may be served with process by serving its registered agent, CT Corporation System, 1999 Bryan
St., Suite 900, Dallas, Texas 75201.
4.

Upon information and belief, Defendants have conducted and regularly conduct

business within this District, have purposefully availed themselves of the privileges of conducting
business in this District, and have sought protection and benefit from the laws of the State of Texas.
JURISDICTION AND VENUE
5.

This action arises under the Patent Laws of the United States, 35 U.S.C. § 1, et seq.,

including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter jurisdiction
over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
6.

As further detailed herein, this Court has personal jurisdiction over Defendants.

Defendants are amenable to service of summons for this action. Furthermore, personal jurisdiction
over Defendants in this action comports with due process. Defendants have conducted and
regularly conduct business within the United States and this District. Defendants have purposefully
availed themselves of the privileges of conducting business in the United States and, more
specifically, in this District. Defendants have sought protection and benefit from the laws of the
State of Texas by maintaining offices in Texas, by making one or more infringing products in Fort
Worth, Texas, and/or by placing infringing products into the stream of commerce through an
established distribution channel with the expectation and/or knowledge that they will be purchased
by consumers in this District. IDT’s causes of action arise directly from Defendants’ business
contacts and other activities in this District.
7.

Defendants – directly or through intermediaries (including distributors, retailers,

and others), subsidiaries, alter egos, and/or agents – ships, distributes, offers for sale, and/or sells
their products in the United States and this District. Defendants have purposefully and voluntarily
2

placed one or more infringing products, as described below, into the stream of commerce with the
expectation and/or knowledge that they will be purchased by consumers in this District.
Defendants knowingly and purposefully ship infringing products into and within this District
through an established distribution channel. These infringing products have been and continue to
be purchased by consumers in this District. Upon information and belief, Defendants have
committed the tort of patent infringement in this District and/or has induced others to commit
patent infringement in this District.
8.

Venue is proper in this Court under 28 U.S.C. §§ 1391(b), (c), and (d), as well as

28 U.S.C. § 1400(b). One or more of IDT’s witnesses reside in this District. Defendants are subject
to personal jurisdiction in this District, and therefore is deemed to reside in this District for
purposes of venue, and, upon information and belief, Defendants have committed acts within this
judicial District giving rise to this action and does business in this District, including but not limited
to making sales in this District, providing service and support to their respective customers in this
District, and/or operating interactive websites that are available to persons in this District, which
websites advertise, market, and/or offer for sale infringing products. Defendants also make one or
more infringing products in Fort Worth, Texas.
JOINDER
9.

Joinder is proper under 35 U.S.C. § 299. The allegations of infringement contained

herein are asserted against the Defendants jointly, severally, or in the alternative and arise, at least
in part, out of the same series of transactions or occurrences relating to Defendants’ manufacture,
use, sale, offer for sale, and importation of one or more of the same accused products. On
information and belief, Defendants are part of the same corporate family of companies, and the
infringement allegations arise at least in part from Defendants’ collective activities with respect to

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one or more of Defendants’ accused products. Question of fact common to Defendants will arise
in the action, including questions relating to the structure and operation of one or more of the
accused products, Defendants’ infringing acts, and, on information and belief, the validity of the
patent-in-suit.
BACKGROUND
A.

The Patents-In-Suit.
10.

U.S. Patent No. 6,755,547 titled “Light Emitting Panel Assemblies” (“the ’547

patent”) was duly and legally issued by the U.S. Patent and Trademark Office on June 29, 2004,
after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’547 patent. A
true and correct copy of the ’547 patent is attached as Exhibit A and made a part hereof.
11.

U.S. Patent No. 7,300,194 titled “Light Emitting Panel Assemblies” (“the ’194

patent”) was duly and legally issued by the U.S. Patent and Trademark Office on November 27,
2007, after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’194 patent.
A true and correct copy of the ’194 patent is attached as Exhibit B and made a part hereof.
12.

U.S. Patent No. 7,384,177 titled “Light Emitting Panel Assemblies” (“the ’177

patent”) was duly and legally issued by the U.S. Patent and Trademark Office on June 10, 2008,
after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’177 patent. A
true and correct copy of the ’177 patent is attached as Exhibit C and made a part hereof.
13.

U.S. Patent No. 7,404,660 titled “Light Emitting Panel Assemblies” (“the ’660

patent”) was duly and legally issued by the U.S. Patent and Trademark Office on July 29, 2008,
after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’660 patent. A
true and correct copy of the ’660 patent is attached as Exhibit D and made a part hereof.
14.

U.S. Patent No. 7,434,974 titled “Light Emitting Panel Assemblies” (“the ’974

patent”) was duly and legally issued by the U.S. Patent and Trademark Office on October 14, 2008,
4

after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’974 patent. A
true and correct copy of the ’974 patent is attached as Exhibit E and made a part hereof.
15.

U.S. Patent No. 7,537,370 titled “Light Emitting Panel Assemblies” (“the ’370

patent”) was duly and legally issued by the U.S. Patent and Trademark Office on May 26, 2009,
after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’370 patent. A
true and correct copy of the ’370 patent is attached as Exhibit F and made a part hereof.
16.

U.S. Patent No. 8,215,816 titled “Light Emitting Panel Assemblies” (“the ’816

patent”) was duly and legally issued by the U.S. Patent and Trademark Office on July 10, 2012,
after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’816 patent. A
true and correct copy of the ’816 patent is attached as Exhibit G and made a part hereof.
17.

The ’547 patent, the ’194 patent, the ’177 patent, the ’660 patent, the ’974 patent,

the ’370 patent, and the ’816 patent are collectively referred to as the “IDT patents” or the “patentsin-suit.”
18.

On June 26, 2013, IDT was assigned all of the right, title, and interest in the IDT

patents, including the exclusive right to sue and collect for its own use and benefit all claims for
damages by reason of past infringement or use of the IDT patents.
19.

The patents-in-suit all share the same ultimate parent patent, U.S. Patent No.

5,613,751. The patents-in-suit share the same named inventor, subject matter, and claim
terms. The accused products infringe the patents-in-suit based on the use of the same technology,
e.g., backlights for LCDs.
B.

Defendants’ Infringing Conduct.
20.

Upon information and belief, Defendants make, use, offer to sell, and/or sell within,

and/or imports into the United States display products that use the fundamental technologies

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covered by the patents-in-suit. Upon information and belief, the infringing display products
include, but are not limited to mobile phones and tablets with an LCD.
21.

By incorporating the fundamental inventions covered by the patents-in-suit,

Defendants can make improved products, including but not limited to, products with longer
displays, thinner displays, and/or displays with a higher light output, a more uniform light output,
a lower power requirement, and/or a longer battery life.
22.

Upon information and belief, third-party distributors purchase and have purchased

Defendants’ infringing display products for sale or importation into the United States, including
in this District. Upon information and belief, third-party consumers use and have used Defendants’
infringing display products in the United States, including in this District.
23.

Upon information and belief, Defendants’ have purchased infringing display

products that are made, used, offered for sale, sold within, and/or imported into the United States,
including in this District by third-party manufacturers, distributors, and/or importers.
COUNT I
Patent Infringement of U.S. Patent No. 6,755,547
24.

Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-25 as

though fully set forth herein.
25.

The ’547 patent is valid and enforceable.

26.

Defendants have never been licensed, either expressly or impliedly, under the ’547

27.

Upon information and belief, to the extent any marking or notice was required by

patent.

35 U.S.C. § 287, IDT has complied with the requirements of that statute by providing actual or
constructive notice to Defendants of their alleged infringement. Upon information and belief, IDT
surmises that any express licensees of the ’547 patent have complied with the marking
6

requirements of 35 U.S.C. § 287 by placing a notice of the ’547 patent on all goods made, offered
for sale, sold within, and/or imported into the United States that embody one or more claims of
that patent.
28.

Upon information and belief, Defendants have been and are directly infringing

under 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly
infringing, by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’547 patent
by making, using, offering to sell, and/or selling to third-party distributors, and/or consumers
(directly or through intermediaries and/or subsidiaries) in this District and elsewhere within the
United States and/or importing into the United States, without authority, display products that
include all of the limitations of one or more claims of the ’547 patent, including but not limited to
mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and
Moto G), their display components, and/or other products made, used, sold, offered for sale, or
imported by Defendants that include all of the limitations of one or more claims of the ’547 patent.
29.

Upon information and belief, distributors and consumers that purchase Defendants’

display products that include all of the limitations of one or more claims of the ’547 patent,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), also directly infringe, either literally or under the doctrine
of equivalents, under 35 U.S.C. § 271(a), the ’547 patent by using, offering to sell, and/or selling
to third-party distributors or consumers (directly or through intermediaries and/or subsidiaries) in
this District and elsewhere within the United States and/or importing into the United States, those
infringing display products.
30.

Upon information and belief, the third-party manufacturers, distributors, and

importers that sell display products to Defendants that include all of the limitations of one or more

7

claims of the ’547 patent, also directly infringe, either literally or under the doctrine of equivalents,
under 35 U.S.C. § 271(a), the ’547 patent by making, offering to sell, and/or selling (directly or
through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
within the United States and/or importing infringing products into the United States.
31.

Upon information and belief, Google and Motorola had knowledge of the ’547

patent and its infringing conduct by September 4, 2012 and September 6, 2012, respectively, when
they were formally placed on notice of their infringement.
32.

Upon information and belief, since at least the above-mentioned date of notice,

Defendants have actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
importers and/or consumers that purchase or sell display products that include all of the limitations
of one or more claims of the ’547 patent, including but not limited to mobile phones and tablets
with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and Moto G), to directly
infringe one or more claims of the ’547 patent. Since at least the notice provided on the abovementioned date, Defendants do so with knowledge, or with willful blindness of the fact, that the
induced acts constitute infringement of the ’547 patent.
33.

Upon information and belief, Defendants intend to cause, and have taken

affirmative steps to induce, infringement by these third-party manufacturers, distributors,
importers, and/or consumers by, inter alia, creating advertisements that promote the infringing use
of display products, creating established distribution channels for these products into and within
the United States, purchasing these products, manufacturing these products in conformity with
U.S. laws and regulations, distributing or making available instructions or manuals for these
products to purchasers and prospective buyers, and/or providing technical support, replacement
parts, or services for these products to these purchasers in the United States.

8

34.

Upon information and belief, Defendants’ acts of infringement of the ’547 patent

have been willful and intentional. Since at least the above-mentioned date of notice, Defendants
have acted with an objectively high likelihood that their actions constituted infringement of the
’547 patent by refusing to take a license and continuing to make and sell its display products,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), and the objectively-defined risk was either known or so
obvious that it should have been known.
35.

As a direct and proximate result of these acts of patent infringement, Defendants

have encroached on the exclusive rights of IDT and its licensees to practice the ’547 patent, for
which IDT is entitled to at least a reasonable royalty.
COUNT II
Patent Infringement of U.S. Patent No. 7,300,194
36.

Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-37 as

though fully set forth herein
37.

The ’194 patent is valid and enforceable.

38.

Defendants have never been licensed, either expressly or impliedly, under the ’194

39.

Upon information and belief, to the extent any marking or notice was required by

patent.

35 U.S.C. § 287, IDT has complied with the requirements of that statute by providing actual or
constructive notice to Defendants of their alleged infringement. Upon information and belief, IDT
surmises that any express licensees of the ’194 patent have complied with the marking
requirements of 35 U.S.C. § 287 by placing a notice of the ’194 patent on all goods made, offered
for sale, sold within, and/or imported into the United States that embody one or more claims of
that patent.
9

40.

Upon information and belief, Defendants have been and are directly infringing

under 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly
infringing, by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’194 patent
by making, using, offering to sell, and/or selling to third-party distributors, and/or consumers
(directly or through intermediaries and/or subsidiaries) in this District and elsewhere within the
United States and/or importing into the United States, without authority, display products that
include all of the limitations of one or more claims of the ’194 patent, including but not limited to
mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and
Moto G), their display components, and/or other products made, used, sold, offered for sale, or
imported by Defendants that include all of the limitations of one or more claims of the ’194 patent.
41.

Upon information and belief, distributors and consumers that purchase Defendants’

display products that include all of the limitations of one or more claims of the ’194 patent,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), also directly infringe, either literally or under the doctrine
of equivalents, under 35 U.S.C. § 271(a), the ’194 patent by using, offering to sell, and/or selling
to third-party distributors or consumers (directly or through intermediaries and/or subsidiaries) in
this District and elsewhere within the United States and/or importing into the United States, those
infringing display products.
42.

Upon information and belief, the third-party manufacturers, distributors, and

importers that sell display products to Defendants that include all of the limitations of one or more
claims of the ’194 patent, also directly infringe, either literally or under the doctrine of equivalents,
under 35 U.S.C. § 271(a), the ’194 patent by making, offering to sell, and/or selling (directly or

10

through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
within the United States and/or importing infringing products into the United States.
43.

Upon information and belief, Google and Motorola had knowledge of the ’194

patent and its infringing conduct by September 4, 2012 and September 6, 2012, respectively, when
they were formally placed on notice of their infringement.
44.

Upon information and belief, since at least the above-mentioned date of notice,

Defendants’ have actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
importers and/or consumers that purchase or sell display products that include all of the limitations
of one or more claims of the ’194 patent, including but not limited to mobile phones and tablets
with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and Moto G), to directly
infringe one or more claims of the ’194 patent. Since at least the notice provided on the abovementioned date, Defendants do so with knowledge, or with willful blindness of the fact, that the
induced acts constitute infringement of the ’194 patent.
45.

Upon information and belief, Defendants intend to cause, and have taken

affirmative steps to induce, infringement by these third-party manufacturers, distributors,
importers, and/or consumers by, inter alia, creating advertisements that promote the infringing use
of display products, creating established distribution channels for these products into and within
the United States, purchasing these products, manufacturing these products in conformity with
U.S. laws and regulations, distributing or making available instructions or manuals for these
products to purchasers and prospective buyers, and/or providing technical support, replacement
parts, or services for these products to these purchasers in the United States.
46.

Upon information and belief, Defendants’ acts of infringement of the ’194 patent

have been willful and intentional. Since at least the above-mentioned date of notice, Defendants

11

have acted with an objectively high likelihood that their actions constituted infringement of the
’194 patent by refusing to take a license and continuing to make and sell their display products,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), and the objectively-defined risk was either known or so
obvious that it should have been known.
47.

As a direct and proximate result of these acts of patent infringement, Defendants

have encroached on the exclusive rights of IDT and its licensees to practice the ’194 patent, for
which IDT is entitled to at least a reasonable royalty.
COUNT III
Patent Infringement of U.S. Patent No. 7,384,177
48.

Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-49 as

though fully set forth herein.
49.

The ’177 patent is valid and enforceable.

50.

Defendants have never been licensed, either expressly or impliedly, under the ’177

51.

Upon information and belief, to the extent any marking or notice was required by

patent.

35 U.S.C. § 287, IDT has complied with the requirements of that statute by providing actual or
constructive notice to Defendants of its alleged infringement. Upon information and belief, IDT
surmises that any express licensees of the ’177 patent have complied with the marking
requirements of 35 U.S.C. § 287 by placing a notice of the ’177 patent on all goods made, offered
for sale, sold within, and/or imported into the United States that embody one or more claims of
that patent.
52.

Upon information and belief, Defendants have been and are directly infringing

under 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly
12

infringing, by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’177 patent
by making, using, offering to sell, and/or selling to third-party distributors, and/or consumers
(directly or through intermediaries and/or subsidiaries) in this District and elsewhere within the
United States and/or importing into the United States, without authority, display products that
include all of the limitations of one or more claims of the ’177 patent, including but not limited to
mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and
Moto G), their display components, and/or other products made, used, sold, offered for sale, or
imported by Defendants that include all of the limitations of one or more claims of the ’177 patent.
53.

Upon information and belief, distributors and consumers that purchase Defendants’

display products that include all of the limitations of one or more claims of the ’177 patent,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), also directly infringe, either literally or under the doctrine
of equivalents, under 35 U.S.C. § 271(a), the ’177 patent by using, offering to sell, and/or selling
to third-party distributors or consumers (directly or through intermediaries and/or subsidiaries) in
this District and elsewhere within the United States and/or importing into the United States, those
infringing display products.
54.

Upon information and belief, the third-party manufacturers, distributors, and

importers that sell display products to Defendants that include all of the limitations of one or more
claims of the ’177 patent, also directly infringe, either literally or under the doctrine of equivalents,
under 35 U.S.C. § 271(a), the ’177 patent by making, offering to sell, and/or selling (directly or
through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
within the United States and/or importing infringing products into the United States.

13

55.

Upon information and belief, Google and Motorola had knowledge of the ’177

patent and its infringing conduct by September 4, 2012 and September 6, 2012, respectively, when
they were formally placed on notice of their infringement.
56.

Upon information and belief, since at least the above-mentioned date of notice,

Defendants have actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
importers and/or consumers that purchase or sell display products that include all of the limitations
of one or more claims of the ’177 patent, including but not limited to mobile phones and tablets
with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and Moto G), to directly
infringe one or more claims of the ’177 patent. Since at least the notice provided on the abovementioned date, Defendants do so with knowledge, or with willful blindness of the fact, that the
induced acts constitute infringement of the ’177 patent.
57.

Upon information and belief, Defendants intend to cause, and have taken

affirmative steps to induce, infringement by these third-party manufacturers, distributors,
importers, and/or consumers by, inter alia, creating advertisements that promote the infringing use
of display products, creating established distribution channels for these products into and within
the United States, purchasing these products, manufacturing these products in conformity with
U.S. laws and regulations, distributing or making available instructions or manuals for these
products to purchasers and prospective buyers, and/or providing technical support, replacement
parts, or services for these products to these purchasers in the United States.
58.

Upon information and belief, Defendants’ acts of infringement of the ’177 patent

have been willful and intentional. Since at least the above-mentioned date of notice, Defendants
have acted with an objectively high likelihood that their actions constituted infringement of the
’177 patent by refusing to take a license and continuing to make and sell its display products,

14

including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), and the objectively-defined risk was either known or so
obvious that it should have been known.
59.

As a direct and proximate result of these acts of patent infringement, Defendants

have encroached on the exclusive rights of IDT and its licensees to practice the ’177 patent, for
which IDT is entitled to at least a reasonable royalty.
COUNT IV
Patent Infringement of U.S. Patent No. 7,404,660
60.

Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-61 as

though fully set forth herein.
61.

The ’660 patent is valid and enforceable.

62.

Defendants have never been licensed, either expressly or impliedly, under the ’660

63.

Upon information and belief, to the extent any marking or notice was required by

patent.

35 U.S.C. § 287, IDT has complied with the requirements of that statute by providing actual or
constructive notice to Defendants of their alleged infringement. Upon information and belief, IDT
surmises that any express licensees of the ’660 patent have complied with the marking
requirements of 35 U.S.C. § 287 by placing a notice of the ’660 patent on all goods made, offered
for sale, sold within, and/or imported into the United States that embody one or more claims of
that patent.
64.

Upon information and belief, Defendants have been and is directly infringing under

35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’660 patent by making,
using, offering to sell, and/or selling to third-party distributors, and/or consumers (directly or
15

through intermediaries and/or subsidiaries) in this District and elsewhere within the United States
and/or importing into the United States, without authority, display products that include all of the
limitations of one or more claims of the ’660 patent, including but not limited to mobile phones
and tablets with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and Moto G), their
display components, and/or other products made, used, sold, offered for sale, or imported by
Defendants that include all of the limitations of one or more claims of the ’660 patent.
65.

Upon information and belief, distributors and consumers that purchase Defendants’

display products that include all of the limitations of one or more claims of the ’660 patent,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), also directly infringe, either literally or under the doctrine
of equivalents, under 35 U.S.C. § 271(a), the ’660 patent by using, offering to sell, and/or selling
to third-party distributors or consumers (directly or through intermediaries and/or subsidiaries) in
this District and elsewhere within the United States and/or importing into the United States, those
infringing display products.
66.

Upon information and belief, the third-party manufacturers, distributors, and

importers that sell display products to Defendants that include all of the limitations of one or more
claims of the ’660 patent, also directly infringe, either literally or under the doctrine of equivalents,
under 35 U.S.C. § 271(a), the ’660 patent by making, offering to sell, and/or selling (directly or
through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
within the United States and/or importing infringing products into the United States.
67.

Upon information and belief, Google and Motorola had knowledge of the ’660

patent and its infringing conduct by September 4, 2012 and September 6, 2012, respectively, when
they were formally placed on notice of their infringement.

16

68.

Upon information and belief, since at least the above-mentioned date of notice,

Defendants have actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
importers and/or consumers that purchase or sell display products that include all of the limitations
of one or more claims of the ’660 patent, including but not limited to mobile phones and tablets
with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and Moto G), to directly
infringe one or more claims of the ’660 patent. Since at least the notice provided on the abovementioned date, Defendants do so with knowledge, or with willful blindness of the fact, that the
induced acts constitute infringement of the ’660 patent.
69.

Upon information and belief, Defendants intend to cause, and have taken

affirmative steps to induce, infringement by these third-party manufacturers, distributors,
importers, and/or consumers by, inter alia, creating advertisements that promote the infringing use
of display products, creating established distribution channels for these products into and within
the United States, purchasing these products, manufacturing these products in conformity with
U.S. laws and regulations, distributing or making available instructions or manuals for these
products to purchasers and prospective buyers, and/or providing technical support, replacement
parts, or services for these products to these purchasers in the United States.
70.

Upon information and belief, Defendants’ acts of infringement of the ’660 patent

have been willful and intentional. Since at least the above-mentioned date of notice, Defendants
have acted with an objectively high likelihood that their actions constituted infringement of the
’660 patent by refusing to take a license and continuing to make and sell its display products,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), and the objectively-defined risk was either known or so
obvious that it should have been known.

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71.

As a direct and proximate result of these acts of patent infringement, Defendants

have encroached on the exclusive rights of IDT and its licensees to practice the ’660 patent, for
which IDT is entitled to at least a reasonable royalty.
COUNT V
Patent Infringement of U.S. Patent No. 7,434,974
72.

Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-73 as

though fully set forth herein.
73.

The ’974 patent is valid and enforceable.

74.

Defendants have never been licensed, either expressly or impliedly, under the ’974

75.

Upon information and belief, to the extent any marking or notice was required by

patent.

35 U.S.C. § 287, IDT has complied with the requirements of that statute by providing actual or
constructive notice to Defendants of their alleged infringement. Upon information and belief, IDT
surmises that any express licensees of the ’974 patent have complied with the marking
requirements of 35 U.S.C. § 287 by placing a notice of the ’974 patent on all goods made, offered
for sale, sold within, and/or imported into the United States that embody one or more claims of
that patent.
76.

Upon information and belief, Defendants have been and is directly infringing under

35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’974 patent by making,
using, offering to sell, and/or selling to third-party distributors, and/or consumers (directly or
through intermediaries and/or subsidiaries) in this District and elsewhere within the United States
and/or importing into the United States, without authority, display products that include all of the
limitations of one or more claims of the ’974 patent, including but not limited to mobile phones
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and tablets with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and Moto G), their
display components, and/or other products made, used, sold, offered for sale, or imported by
Defendants that include all of the limitations of one or more claims of the ’974 patent.
77.

Upon information and belief, distributors and consumers that purchase Defendants’

display products that include all of the limitations of one or more claims of the ’974 patent,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), also directly infringe, either literally or under the doctrine
of equivalents, under 35 U.S.C. § 271(a), the ’974 patent by using, offering to sell, and/or selling
to third-party distributors or consumers (directly or through intermediaries and/or subsidiaries) in
this District and elsewhere within the United States and/or importing into the United States, those
infringing display products.
78.

Upon information and belief, the third-party manufacturers, distributors, and

importers that sell display products to Defendants that include all of the limitations of one or more
claims of the ’974 patent, also directly infringe, either literally or under the doctrine of equivalents,
under 35 U.S.C. § 271(a), the ’974 patent by making, offering to sell, and/or selling (directly or
through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
within the United States and/or importing infringing products into the United States.
79.

Upon information and belief, Google and Motorola had knowledge of the ’974

patent and its infringing conduct by September 4, 2012 and September 6, 2012, respectively, when
they were formally placed on notice of their infringement.
80.

Upon information and belief, since at least the above-mentioned date of notice,

Defendants have actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
importers and/or consumers that purchase or sell display products that include all of the limitations

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of one or more claims of the ’974 patent, including but not limited to mobile phones and tablets
with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and Moto G), to directly
infringe one or more claims of the ’974 patent. Since at least the notice provided on the abovementioned date, Defendants do so with knowledge, or with willful blindness of the fact, that the
induced acts constitute infringement of the ’974 patent.
81.

Upon information and belief, Defendants intend to cause, and have taken

affirmative steps to induce, infringement by these third-party manufacturers, distributors,
importers, and/or consumers by, inter alia, creating advertisements that promote the infringing use
of display products, creating established distribution channels for these products into and within
the United States, purchasing these products, manufacturing these products in conformity with
U.S. laws and regulations, distributing or making available instructions or manuals for these
products to purchasers and prospective buyers, and/or providing technical support, replacement
parts, or services for these products to these purchasers in the United States.
82.

Upon information and belief, Defendants’ acts of infringement of the ’974 patent

have been willful and intentional. Since at least the above-mentioned date of notice, Defendants
have acted with an objectively high likelihood that their actions constituted infringement of the
’974 patent by refusing to take a license and continuing to make and sell its display products,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), and the objectively-defined risk was either known or so
obvious that it should have been known.
83.

As a direct and proximate result of these acts of patent infringement, Defendants

have encroached on the exclusive rights of IDT and its licensees to practice the ’974 patent, for
which IDT is entitled to at least a reasonable royalty.

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COUNT VI
Patent Infringement of U.S. Patent No. 7,537,370
84.

Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-85 as

though fully set forth herein.
85.

The ’370 patent is valid and enforceable.

86.

Motorola has never been licensed, either expressly or impliedly, under the ’370

87.

Upon information and belief, to the extent any marking or notice was required by

patent.

35 U.S.C. § 287, IDT has complied with the requirements of that statute by providing actual or
constructive notice to Motorola of its alleged infringement. Upon information and belief, IDT
surmises that any express licensees of the ’370 patent have complied with the marking
requirements of 35 U.S.C. § 287 by placing a notice of the ’370 patent on all goods made, offered
for sale, sold within, and/or imported into the United States that embody one or more claims of
that patent.
88.

Upon information and belief, Motorola has been and is directly infringing under 35

U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’370 patent by making,
using, offering to sell, and/or selling to third-party distributors, and/or consumers (directly or
through intermediaries and/or subsidiaries) in this District and elsewhere within the United States
and/or importing into the United States, without authority, display products that include all of the
limitations of one or more claims of the ’370 patent, including but not limited to mobile phones
and tablets with an LCD (e.g., Motorola Atrix HD and Moto G) their display components, and/or
other products made, used, sold, offered for sale, or imported by Motorola that include all of the
limitations of one or more claims of the ’370 patent.
21

89.

Upon information and belief, distributors and consumers that purchase Motorola’s

display products that include all of the limitations of one or more claims of the ’370 patent,
including but not limited to mobile phones and tablets with LCD (e.g., Motorola Atrix HD and
Moto G), also directly infringe, either literally or under the doctrine of equivalents, under 35 U.S.C.
§ 271(a), the ’370 patent by using, offering to sell, and/or selling to third-party distributors or
consumers (directly or through intermediaries and/or subsidiaries) in this District and elsewhere
within the United States and/or importing into the United States, those infringing display products.
90.

Upon information and belief, the third-party manufacturers, distributors, and

importers that sell display products to Motorola that include all of the limitations of one or more
claims of the ’370 patent, also directly infringe, either literally or under the doctrine of equivalents,
under 35 U.S.C. § 271(a), the ’370 patent by making, offering to sell, and/or selling (directly or
through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
within the United States and/or importing infringing products into the United States.
91.

Upon information and belief, Motorola had knowledge of the ’370 patent and its

infringing conduct by September 6, 2012, when it was formally placed on notice of its
infringement.
92.

Upon information and belief, since at least the above-mentioned date of notice,

Motorola has actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
importers and/or consumers that purchase or sell display products that include all of the limitations
of one or more claims of the ’370 patent, including but not limited to mobile phones and tablets
with an LCD (e.g., Motorola Atrix HD and Moto G), to directly infringe one or more claims of the
’370 patent. Since at least the notice provided on the above-mentioned date, Motorola does so with

22

knowledge, or with willful blindness of the fact, that the induced acts constitute infringement of
the ’370 patent.
93.

Upon information and belief, Motorola intends to cause, and has taken affirmative

steps to induce, infringement by these third-party manufacturers, distributors, importers, and/or
consumers by, inter alia, creating advertisements that promote the infringing use of display
products, creating established distribution channels for these products into and within the United
States, purchasing these products, manufacturing these products in conformity with U.S. laws and
regulations, distributing or making available instructions or manuals for these products to
purchasers and prospective buyers, and/or providing technical support, replacement parts, or
services for these products to these purchasers in the United States.
94.

Upon information and belief, Motorola’s acts of infringement of the ’370 patent

have been willful and intentional. Since at least the above-mentioned date of notice, Motorola has
acted with an objectively high likelihood that its actions constituted infringement of the ’370 patent
by refusing to take a license and continuing to make and sell its display products, including but
not limited to mobile phones and tablets with an LCD (e.g., the Motorola Atrix HD and Moto G),
and the objectively-defined risk was either known or so obvious that it should have been known.
95.

As a direct and proximate result of these acts of patent infringement, Motorola has

encroached on the exclusive rights of IDT and its licensees to practice the ’370 patent, for which
IDT is entitled to at least a reasonable royalty.
COUNT VIII
Patent Infringement of U.S. Patent No. 8,215,816
96.

Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-109 as

though fully set forth herein.
97.

The ’816 patent is valid and enforceable.
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98.

Defendants have never been licensed, either expressly or impliedly, under the ’816

99.

Upon information and belief, to the extent any marking or notice was required by

patent.

35 U.S.C. § 287, IDT has complied with the requirements of that statute by providing actual or
constructive notice to Defendants of their alleged infringement. Upon information and belief, IDT
surmises that any express licensees of the ’816 patent have complied with the marking
requirements of 35 U.S.C. § 287 by placing a notice of the ’816 patent on all goods made, offered
for sale, sold within, and/or imported into the United States that embody one or more claims of
that patent.
100.

Upon information and belief, Defendants have been and is directly infringing under

35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’816 patent by making,
using, offering to sell, and/or selling to third-party distributors, and/or consumers (directly or
through intermediaries and/or subsidiaries) in this District and elsewhere within the United States
and/or importing into the United States, without authority, display products that include all of the
limitations of one or more claims of the ’816 patent, including but not limited to mobile phones
and tablets with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and Moto G), their
display components, and/or other products made, used, sold, offered for sale, or imported by
Defendants that include all of the limitations of one or more claims of the ’816 patent.
101.

Upon information and belief, distributors and consumers that purchase Defendants’

display products that include all of the limitations of one or more claims of the ’816 patent,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), also directly infringe, either literally or under the doctrine

24

of equivalents, under 35 U.S.C. § 271(a), the ’816 patent by using, offering to sell, and/or selling
to third-party distributors or consumers (directly or through intermediaries and/or subsidiaries) in
this District and elsewhere within the United States and/or importing into the United States, those
infringing display products.
102.

Upon information and belief, the third-party manufacturers, distributors, and

importers that sell display products to Defendants that include all of the limitations of one or more
claims of the ’816 patent, also directly infringe, either literally or under the doctrine of equivalents,
under 35 U.S.C. § 271(a), the ’816 patent by making, offering to sell, and/or selling (directly or
through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
within the United States and/or importing infringing products into the United States.
103.

Upon information and belief, Google and Motorola had knowledge of the ’816

patent and its infringing conduct by September 4, 2012 and September 6, 2012, respectively, when
they were formally placed on notice of their infringement.
104.

Upon information and belief, since at least the above-mentioned date of notice,

Defendants have actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
importers and/or consumers that purchase or sell display products that include all of the limitations
of one or more claims of the ’816 patent, including but not limited to mobile phones and tablets
with an LCD (e.g., Google Nexus 5, 7, and 10, Motorola Atrix HD, and Moto G), to directly
infringe one or more claims of the ’816 patent. Since at least the notice provided on the abovementioned date, Defendants do so with knowledge, or with willful blindness of the fact, that the
induced acts constitute infringement of the ’816 patent.
105.

Upon information and belief, Defendants intend to cause, and have taken

affirmative steps to induce, infringement by these third-party manufacturers, distributors,

25

importers, and/or consumers by, inter alia, creating advertisements that promote the infringing use
of display products, creating established distribution channels for these products into and within
the United States, purchasing these products, manufacturing these products in conformity with
U.S. laws and regulations, distributing or making available instructions or manuals for these
products to purchasers and prospective buyers, and/or providing technical support, replacement
parts, or services for these products to these purchasers in the United States.
106.

Upon information and belief, Defendants’ acts of infringement of the ’816 patent

have been willful and intentional. Since at least the above-mentioned date of notice, Defendants
have acted with an objectively high likelihood that their actions constituted infringement of the
’816 patent by refusing to take a license and continuing to make and sell its display products,
including but not limited to mobile phones and tablets with an LCD (e.g., Google Nexus 5, 7, and
10, Motorola Atrix HD, and Moto G), and the objectively-defined risk was either known or so
obvious that it should have been known.
107.

As a direct and proximate result of these acts of patent infringement, Defendants

have encroached on the exclusive rights of IDT and its licensees to practice the ’816 patent, for
which IDT is entitled to at least a reasonable royalty.
CONCLUSION
108.

Plaintiff is entitled to recover from Google the damages sustained by Plaintiff as a

result of Defendants’ wrongful acts in an amount subject to proof at trial, which, by law, cannot
be less than a reasonable royalty, together with interest and costs as fixed by this Court.
109.

Plaintiff has incurred and will incur attorneys’ fees, costs, and expenses in the

prosecution of this action. The circumstances of this dispute create an exceptional case within the

26

meaning of 35 U.S.C. § 285, and Plaintiff is entitled to recover its reasonable and necessary
attorneys’ fees, costs, and expenses.
JURY DEMAND
110.

Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of

Civil Procedure.
PRAYER FOR RELIEF
111.

Plaintiff respectfully requests that the Court find in its favor and against

Defendants, and that the Court grant Plaintiff the following relief:
A.

A judgment that Defendants have infringed the patents-in-suit as alleged herein,
directly and/or indirectly by way of inducing infringement of such patents;

B.

A judgment for an accounting of all damages sustained by Plaintiff as a result of
the acts of infringement by Defendants;

C.

A judgment and order requiring Defendants to pay Plaintiff damages under 35
U.S.C. § 284, including up to treble damages for willful infringement as provided
by 35 U.S.C. § 284, and any royalties determined to be appropriate;

D.

A permanent injunction enjoining Defendants and their officers, directors, agents,
servants, employees, affiliates, divisions, branches, subsidiaries, parents and all
others acting in concert or privity with them from direct and/or indirect
infringement of the patents-in-suit pursuant to 35 U.S.C. § 283;

E.

A judgment and order requiring Defendants to pay Plaintiff pre-judgment and postjudgment interest on the damages awarded;

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F.

A judgment and order finding this to be an exceptional case and requiring
Defendants to pay the costs of this action (including all disbursements) and
attorneys’ fees as provided by 35 U.S.C. § 285; and

G.

Such other and further relief as the Court deems just and equitable.

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Dated: April 8, 2014

Respectfully submitted,
/s/ Jeffrey R. Bragalone
Jeffrey R. Bragalone (lead attorney)
Texas Bar No. 02855775
Patrick J. Conroy
Texas Bar No. 24012448
Justin B. Kimble
Texas Bar No. 24036909
T. William Kennedy, Jr.
Texas Bar No. 24055771
Daniel F. Olejko
Pennsylvania Bar No. 205512
Bragalone Conroy PC
2200 Ross Avenue
Suite 4500W
Dallas, TX 75201
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

T. John Ward Jr.
Texas Bar No. 00794818
Claire Abernathy Henry
Ward & Smith Law Firm
1127 Judson Road, Suite 220
Longview, TX 75601
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff
INNOVATIVE DISPLAY
TECHNOLOGIES LLC

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