SmartPhone Technologies LLC v. Amazon.Com, Inc., et al

Filing 1

COMPLAINT against Amazon Digital Services, Inc., Amazon.Com, Inc., ( Filing fee $ 350 receipt number 0540-3263866.), filed by SmartPhone Technologies LLC. (Attachments: # 1 Exhibit A - US 6,950,645 BI, # 2 Exhibit B - US 7,506,064 Bl, # 3 Exhibit C - US RE40,459 E, # 4 Exhibit D - US 6,956,562 BI, # 5 Exhibit E - US 6,466,236 BI, # 6 Civil Cover Sheet)(Ward, Thomas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

SMARTPHONE TECHNOLOGIES LLC,
Plaintiff,
v.

AMAZON.COM, INC. and AMAZON
DIGITAL SERVICES, INC.,
Defendants.

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CIVIL ACTION NO. 6:11cv530
JURY TRIAL DEMANDED

PLAINTIFF’S ORIGINAL COMPLAINT
FOR PATENT INFRINGEMENT
Plaintiff SmartPhone Technologies LLC (“SmartPhone”) files this Original Complaint
against Amazon.com, Inc. and Amazon Digital Services, Inc. for infringement of U.S. Patent No.
6,950,645 (“the ’645 patent”), U.S. Patent No. 7,506,064 (“the ’064 patent”), U.S. Reissue Patent
No. 40,459 (“the ’459 patent”), U.S. Patent No. 6,956,562 (“the ’562 patent”), and/or U.S. Patent
No. 6,466,236 (“the ’236 patent”).
THE PARTIES
1.

SmartPhone is a Texas limited liability company with its principal place of

business in Frisco, Texas.
2.

Amazon.com, Inc. is a Delaware corporation with its principal place of business

in Seattle, Washington.

Amazon.com, Inc.’s registered agent for service in Delaware is

Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.
1

3.

Amazon Digital Services, Inc. is a Delaware corporation with its principal place

of business in Seattle, Washington and is a wholly-owned subsidiary of Amazon.com, Inc.
Amazon Digital Service, Inc.’s registered agent for service in Delaware is Corporation Service
Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

Defendants

Amazon.com, Inc. and Amazon Digital Services, Inc. are collectively referred to as “Amazon.”
4.

On information and belief, this Court has personal jurisdiction over Amazon

because Amazon has committed, and continues to commit, acts of infringement in this judicial
district, has conducted business in this judicial district and/or has engaged in continuous and
systematic activities in this judicial district.
JURISDICTION AND VENUE
5.

This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
and 1338(a).
6.

Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and

1400(b). On information and belief, Amazon is deemed to reside in this judicial district, has
committed acts of infringement in this judicial district, has purposely transacted business in this
judicial district and, upon information and belief, has regular and established places of business
in this judicial district.
7.

Amazon is subject to this Court’s specific and general personal jurisdiction

pursuant to due process and/or the Texas Long Arm Statute, due at least to its substantial
business in this State and judicial district, including: (A) at least part of its infringing activities
alleged herein; and (B) regularly doing or soliciting business and, accordingly, deriving
substantial revenue from goods and services provided to Texas residents.

2

COUNT I
(INFRINGEMENT OF U.S. PATENT NO. 6,950,645)
8.

Smartphone incorporates paragraphs 1 through 7 herein by reference.

9.

This cause of action arises under the patent laws of the United States, and in

particular, 35 U.S.C. §§ 271, et seq.
10.

SmartPhone is the exclusive licensee of the ’645 patent, entitled “Power-

Conserving Intuitive Device Discovery Technique In A Bluetooth Environment,” with
ownership of all substantial rights in the ’645 patent, including the right to exclude others and to
enforce, sue and recover damages for the past and future infringement. A true and correct copy
of the ’645 patent is attached as Exhibit A.
11.

The ’645 patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.
12.

Amazon is directly and/or indirectly infringing one or more claims of the ’645

patent in this judicial district and elsewhere in Texas and the United States, including at least
claim 18, by, among other things, making, using, offering for sale, selling and/or importing ereader devices and tablet computers, including, without limitation, the Kindle 3G + Wi-Fi and,
upon information and belief, the Kindle Fire. Amazon (and customers who use such devices)
directly infringe the ’645 patent. Amazon is thereby liable for its direct infringement and/or for
its indirect infringement (by virtue of its customers’ use of such devices).
13.

SmartPhone has been damaged as a result of Amazon’s infringing conduct

described in this Count. Amazon is, thus, liable to SmartPhone in an amount that adequately
compensates it for its infringements, which, by law, cannot be less than a reasonable royalty,
together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

3

COUNT II
(INFRINGEMENT OF U.S. PATENT NO. 7,506,064)
14.

SmartPhone incorporates paragraphs 1 through 13 herein by reference.

15.

This cause of action arises under the patent laws of the United States, and in

particular, 35 U.S.C. §§ 271, et seq.
16.

SmartPhone is the exclusive licensee of the ’064 patent, entitled “Handheld

Computer System That Attempts To Establish An Alternative Network Link Upon Failing To
Establish A Requested Network Link,” with ownership of all substantial rights in the ’064 patent,
including the right to exclude others and to enforce, sue and recover damages for the past and
future infringement. A true and correct copy of the ’064 patent is attached as Exhibit B.
17.

The ’064 patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.
18.

Amazon is directly and/or indirectly infringing one or more claims of the ’064

patent in this judicial district and elsewhere in Texas and the United States, including at least
claim 17, by, among other things, making, using, offering for sale, selling and/or importing ereader devices, including, without limitation, the Kindle 3G + Wi-Fi. Amazon (and customers
who use such devices) directly infringe the ’064 patent. Amazon is thereby liable for its direct
infringement and/or for its indirect infringement (by virtue of its customers’ use of such devices).
19.

SmartPhone has been damaged as a result of Amazon’s infringing conduct

described in this Count. Amazon is, thus, liable to SmartPhone in an amount that adequately
compensates it for its infringements, which, by law, cannot be less than a reasonable royalty,
together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

4

COUNT III
(INFRINGEMENT OF U.S. PATENT NO. RE 40,459)
20.

SmartPhone incorporates paragraphs 1 through 19 herein by reference.

21.

This cause of action arises under the patent laws of the United States, and in

particular, 35 U.S.C. §§ 271, et seq.
22.

SmartPhone is the exclusive licensee of the ’459 patent, entitled “Method And

Apparatus For Communicating Information Over Low Bandwidth Communications Networks,”
with ownership of all substantial rights in the ’459 patent, including the right to exclude others
and to enforce, sue and recover damages for the past and future infringement thereof. A true and
correct copy of the ’459 patent is attached as Exhibit C.
23.

The ’459 patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.
24.

Amazon is directly and/or indirectly infringing one or more claims of the ’459

patent in this judicial district and elsewhere in Texas and the United States, including at least
claim 1, by, among other things, making, using, offering for sale, selling and/or importing ereader devices and tablet computers, including, without limitation, the Kindle 3G + Wi-Fi and,
upon information and belief, the Kindle Fire. Amazon (and customers who use such devices)
directly infringe the ’459 patent. Amazon is thereby liable for its direct infringement and/or for
its indirect infringement (by virtue of its customers’ use of such devices).
25.

SmartPhone has been damaged as a result of Amazon’s infringing conduct

described in this Count. Amazon is, thus, liable to SmartPhone in an amount that adequately
compensates it for its infringements, which, by law, cannot be less than a reasonable royalty,
together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

5

COUNT IV
(INFRINGEMENT OF U.S. PATENT NO. 6,956,562)
26.

SmartPhone incorporates paragraphs 1 through 25 herein by reference.

27.

This cause of action arises under the patent laws of the United States, and in

particular, 35 U.S.C. §§ 271, et seq.
28.

SmartPhone is the exclusive licensee of the ’562 patent, entitled “Method For

Controlling A Handheld Computer By Entering Commands Onto A Displayed Feature Of The
Handheld Computer,” with ownership of all substantial rights in the ’562 patent, including the
right to exclude others and to enforce, sue and recover damages for the past and future
infringement thereof. A true and correct copy of the ’562 patent is attached as Exhibit D.
29.

The ’562 patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.
30.

Amazon is directly and/or indirectly infringing, upon information and belief, one

or more claims of the ’562 patent in this judicial district and elsewhere in Texas and the United
States, including at least claim 47, by, among other things, making, using, offering for sale,
selling and/or importing e-reader devices and tablet computers, including, without limitation, the
Kindle Touch, the Kindle Touch 3G, and the Kindle Fire. Amazon (and customers who use such
devices) directly infringe the ’562 patent. Amazon is thereby liable for its direct infringement
and/or for its indirect infringement (by virtue of its customers’ use of such devices).
31.

SmartPhone has been damaged as a result of Amazon’s infringing conduct

described in this Count. Amazon is, thus, liable to SmartPhone in an amount that adequately
compensates it for its infringements, which, by law, cannot be less than a reasonable royalty,
together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

6

COUNT V
(INFRINGEMENT OF U.S. PATENT NO. 6,466,236)
32.

SmartPhone incorporates paragraphs 1 through 31 herein by reference.

33.

This cause of action arises under the patent laws of the United States, and in

particular, 35 U.S.C. §§ 271, et seq.
34.

SmartPhone is the exclusive licensee of the ’236 patent, entitled “System And

Method For Displaying And Manipulating Multiple Calendars On A Personal Digital Assistant,”
with ownership of all substantial rights in the ’236 patent, including the right to exclude others
and to enforce, sue and recover damages for the past and future infringement thereof. A true and
correct copy of the ’236 patent is attached as Exhibit E.
35.

The ’236 patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.
36.

Amazon is directly and/or indirectly infringing, upon information and belief, one

or more claims of the ’236 patent in this judicial district and elsewhere in Texas and the United
States, including at least claim 1, by, among other things, making, using, offering for sale, selling
and/or importing tablet computers, including, without limitation, the Kindle Fire. Amazon (and
customers who use such devices) directly infringe the ’236 patent. Amazon is thereby liable for
its direct infringement and/or for its indirect infringement (by virtue of its customers’ use of such
devices).
37.

SmartPhone has been damaged as a result of Amazon’s infringing conduct

described in this Count. Amazon is, thus, liable to SmartPhone in an amount that adequately
compensates it for its infringements, which, by law, cannot be less than a reasonable royalty,
together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

7

JURY DEMAND
SmartPhone hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of
Civil Procedure.
PRAYER FOR RELIEF
SmartPhone requests that the Court find in its favor and against Amazon, and that the
Court grant SmartPhone the following relief:
a.

Judgment that one or more claims of the ’645, ’064, ’459, ’562, and/or ’236
patents have been infringed, either literally and/or under the doctrine of
equivalents, by Amazon and/or by others to whose infringements Amazon has
contributed and/or by others whose infringements have been induced by Amazon;

b.

Judgment that Amazon account for and pay to SmartPhone all damages to and
costs incurred by SmartPhone because of Amazon’s infringing activities and other
conduct complained of herein;

c.

Judgment that Amazon account for and pay to SmartPhone a reasonable, ongoing, post judgment royalty because of Amazon’s infringing activities and other
conduct complained of herein;

d.

That SmartPhone be granted pre-judgment and post-judgment interest on the
damages caused by Amazon’s infringing activities and other conduct complained
of herein; and

e.

That SmartPhone be granted such other and further relief as the Court may deem
just and proper under the circumstances.

Dated: October 7, 2011

Respectfully submitted,
/s/ Edward R. Nelson, III (w/permission John
Ward, Jr.)
Edward R. Nelson, III
[e-mail]
Texas State Bar No. 00797142
Christie B. Lindsey
[e-mail]
Texas State Bar No. 24041918
S. Brannon Latimer
[e-mail]
Texas State Bar No. 24060137
NELSON BUMGARDNER CASTO, P.C.
3131 West 7th Street, Suite 300
8

Fort Worth, Texas 76107
Phone: [phone]
Fax: [phone]
Anthony G. Simon
[e-mail]
Timothy E. Grochocinski
[e-mail]
THE SIMON LAW FIRM, P.C.
701 Market Ste 1450
St. Louis MO 63101
Phone: [phone]
Fax: [phone]
T. John Ward, Jr.
Texas State Bar No. 00794818
J. Wesley Hill
Texas State Bar No. 24032294
WARD & SMITH LAW FIRM
111 W. Tyler Street
Longview, Texas 75601
[phone]
[phone] (fax)
[e-mail]
[e-mail]
Attorneys for Plaintiff
SmartPhone Technologies LLC

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