Case 6:16-cv-01245-RWS Document 1 Filed 10/28/16 Page 1 of 19 PageID #: 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`§
`CYPRESS LAKE SOFTWARE, INC.
`§
`§
`Plaintiff,
`§
`§
`§
`§
`§
`§
`§
`
`
`
`Civil Action No. 6:16-cv-1245
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`v.
`
`DELL INC.
`Defendant.
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff Cypress Lake Software, Inc. (“Cypress”) files this complaint against
`Dell Inc. (“Dell” or “Defendant”) alleging infringement of the following validly issued
`United States patents (the “Patents-in-Suit”):
`1.
`U.S. Patent No. 8,781,299, titled “Methods, systems, and computer program
`products for coordinating playing of media streams” (the “’299 Patent”);
`2.
`U.S. Patent No. 8,661,361, titled “Methods, systems, and computer program
`products for navigating between visual components” (the “’361 Patent”);
`3.
`U.S. Patent No. 8,983,264, titled “Methods, systems, and computer program
`products for coordinating playing of media streams” (the “’264 Patent”);
`4.
`U.S. Patent No. 9,423,923, titled “Navigation methods, systems, and
`computer program products (the “’923 Patent”);
`5.
`U.S. Patent No. 9,423,938, titled “Methods, systems, and computer program
`products for navigating between visual components” (the “’938 Patent”); and
`6.
`U.S. Patent No. 9,423,954, titled “Graphical user interface methods,
`systems, and computer program products” (the “’954 Patent”).
`
`
`
`1
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`§
`CYPRESS LAKE SOFTWARE, INC.
`§
`§
`Plaintiff,
`§
`§
`§
`§
`§
`§
`§
`
`
`
`Civil Action No. 6:16-cv-1245
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`v.
`
`DELL INC.
`Defendant.
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff Cypress Lake Software, Inc. (“Cypress”) files this complaint against
`Dell Inc. (“Dell” or “Defendant”) alleging infringement of the following validly issued
`United States patents (the “Patents-in-Suit”):
`1.
`U.S. Patent No. 8,781,299, titled “Methods, systems, and computer program
`products for coordinating playing of media streams” (the “’299 Patent”);
`2.
`U.S. Patent No. 8,661,361, titled “Methods, systems, and computer program
`products for navigating between visual components” (the “’361 Patent”);
`3.
`U.S. Patent No. 8,983,264, titled “Methods, systems, and computer program
`products for coordinating playing of media streams” (the “’264 Patent”);
`4.
`U.S. Patent No. 9,423,923, titled “Navigation methods, systems, and
`computer program products (the “’923 Patent”);
`5.
`U.S. Patent No. 9,423,938, titled “Methods, systems, and computer program
`products for navigating between visual components” (the “’938 Patent”); and
`6.
`U.S. Patent No. 9,423,954, titled “Graphical user interface methods,
`systems, and computer program products” (the “’954 Patent”).
`
`
`
`1
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`
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`Case 6:16-cv-01245-RWS Document 1 Filed 10/28/16 Page 2 of 19 PageID #: 2
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`NATURE OF THE SUIT
`This is a claim for patent infringement arising under the patent laws of the United
`1.
`States, Title 35 of the United States Code.
`
`PARTIES
`Plaintiff Cypress Lake Software, Inc., is a Texas company with its principal place
`2.
`of business at 318 W. Dogwood Street, Woodville, TX 75979. Cypress is the owner and
`assignee of the Patents-in-Suit.
`3.
`On information and belief, Dell Inc. is a company organized and existing under
`the laws of Delaware, with a principal place of business at 1 Dell Way, Round Rock,
`Texas 78682. Dell Inc. may be served through its registered agent, Corporation Service
`Company, at 211 E. 7th Street, Suite 620, Austin, TX 78701.
`
`JURISDICTION AND VENUE
`This lawsuit is a civil action for patent infringement arising under the patent laws
`4.
`of the United States, 35 U.S.C. § 101 et seq. The Court has subject-matter jurisdiction
`pursuant to 28 U.S.C. §§ 1331, 1332, 1338(a), and 1367.
`5.
`The Court has personal jurisdiction over Defendant for at least four reasons:
`(1) Defendant has committed acts of patent infringement and contributed to and induced
`acts of patent infringement by others in this District and elsewhere in Texas;
`(2) Defendant regularly does business or solicits business in this District and in Texas;
`(3) Defendant engages in other persistent courses of conduct and derives substantial
`revenue from products and/or services provided to individuals in this District and in
`Texas; and (4) Defendant has purposefully established substantial, systematic, and
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`continuous contacts with the District and should reasonably expect to be haled into court
`here.
`Specifically, Defendant has partnered with numerous resellers and distributors to
`6.
`sell and offer for sale infringing products to consumers in this District and in Texas, both
`online and in stores (see, e.g., Exhibits A & B); Defendant operates a website that solicits
`sales of infringing products by consumers in this District and Texas (see Exhibit C);
`Defendant offers telephonic and e-mail support services to customers in this District and
`Texas (see Exhibit D); Defendant offers software for download by customers in this
`District and Texas (see Exhibit E); and Defendant is headquartered in Texas (see above).
`Given these extensive contacts, the Court’s exercise of jurisdiction over Defendant will
`not offend traditional notions of fair play and substantial justice.
`7.
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)-(c) and
`1400(b) because Defendant does business in the State of Texas, Defendant has committed
`acts of infringement in Texas and in the District, a substantial part of the events or
`omissions giving rise to Cypress’s claims happened in the District, and Defendant is
`subject to personal jurisdiction in the District.
`
`THE ACCUSED PRODUCTS
`Defendant designs, develops and/or manufactures computers and tablets that
`8.
`employ the Microsoft Windows 10 operating system, including, but not limited to, its
`Alienware 15, Alienware 17, Alienware Area-51, Inspiron 11 3000, Inspiron 13 7000,
`Inspiron 14 3000, Inspiron 15 3000, Inspiron 15 5000, Inspiron 15 7000, Inspiron 17
`5000, Inspiron 20 3000, Inspiron 24 3000, Inspiron 24 7000, Inspiron Desktop, Inspiron
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`Small Desktop, New Venue 10 Pro 5000 Series (64GB), Venue 10 Pro 5000 Series
`(32GB), XPS 13, and XPS 15 series of devices (collectively, the “Accused Products”).
`9.
`Windows 10 has two features that infringe the Patents-in-Suit: Miracast and Snap
`Assist. When implemented in connection with the Accused Products, Miracast infringes
`the ‘299 Patent and claim 72 of the ‘264 Patent, and Snap Assist infringes the remaining
`Patents-in-Suit.
`10. Miracast is a wireless display standard included in Windows 10 that allows a user
`to wirelessly project his or her computer screen to a second device such as a television,
`projector, or streaming media player. (See, e.g., https://support.microsoft.com/en-
`ca/help/15053/windows-8-project-wireless-screen-miracast.)
`11.
`Snap Assist is a Windows 10 feature that allows a user to drag a window to the
`left or right edge of the screen in order to resize it to half the screen—or to the corner to
`resize it to one-quarter of the screen—and then choose another window for the other half
`(or quarter) of the screen from a displayed menu of potential windows. (See, e.g.,
`https://blogs.windows.com/windowsexperience/2015/06/04/arrange-your-windows-in-a-
`snap/#OrBBCudRUWRMYFzj.97.)
`12.
`Defendant has not sought or obtained a license for any of Cypress’s patented
`technologies. Yet Defendant’s Accused Products are using methods, devices, and
`systems taught by Cypress’s Patents-in-Suit.
`COUNT 1:
`INFRINGEMENT OF U.S. PATENT NO. 8,781,299
`Cypress incorporates by reference the allegations in paragraphs 1-12 above.
`The ‘299 Patent is valid, enforceable, and was duly and legally issued on July 15,
`
`13.
`14.
`2014.
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`15. Without a license or permission from Cypress, Defendant has infringed and
`continues to infringe on one or more claims of the ‘299 Patent—directly, contributorily,
`or by inducement—by importing, making, using, offering for sale, or selling products and
`devices that embody the patented invention, including, without limitation, one or more of
`the Accused Products, in violation of 35 U.S.C. § 271.
`16.
`Defendant has been and now is directly infringing by, among other things,
`practicing all of the steps of the ‘299 Patent and/or directing, controlling, and obtaining
`benefits from its partners, distributors and retailers practicing all of the steps of the ‘299
`Patent. Specifically, Defendant imports the Accused Devices into the United States; has
`partnered with numerous resellers to offer for sale and sell the Accused Devices in the
`United States, in numerous stores and websites (see, e.g., Exhibits A, B & C); Defendant
`generates revenue from sales of the Accused Products to U.S. customers in said stores
`and via said websites (see id.); and has attended trade shows in the United States where it
`has demonstrated the Accused Products (see, e.g., Exhibit F).
`17.
`Defendant has been and now is indirectly infringing by way of inducing
`infringement by others and/or contributing to the infringement by others of the ‘299
`Patent in the State of Texas, in this judicial district, and elsewhere in the United States,
`by, among other things, making, using, importing, offering for sale, and/or selling,
`without license or authority, products for use in systems that fall within the scope of one
`or more claims of the ‘299 Patent. Such products include, without limitation, one or more
`of the Accused Products. Such products have no substantial non-infringing uses and are
`for use in systems that infringe the ‘299 Patent. By making, using, importing offering for
`sale, and/or selling such products, Defendant injured Cypress and is thus liable to
`
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`5
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`Cypress for infringement of the ‘299 Patent under 35 U.S.C. § 271. Those whom
`Defendant induces to infringe and/or to whose infringement Defendant contributes are
`the end users of the Accused Products. See Dynacore Holdings Corp. v. U.S. Philips
`Corp., 363 F.3d 1263, 1272 (Fed. Cir. 2004). Defendant had knowledge of the ‘299
`Patent at least as early as the service of this complaint and is thus liable for infringement
`of one or more claims of the ‘299 Patent by actively inducing infringement and/or is
`liable as contributory infringer of one or more claims of the ‘299 Patent under 35 U.S.C.
`§ 271.
`Defendant’s acts of infringement of the ‘299 Patent have caused damage to
`18.
`Cypress, and Cypress is entitled to recover from Defendant the damages sustained as a
`result of Defendant’s wrongful acts in an amount subject to proof at trial pursuant to
`35 U.S.C. § 271. Defendant’s infringement of Cypress’s exclusive rights under the ‘299
`Patent will continue to damage Cypress, causing it irreparable harm, for which there is no
`adequate remedy at law, warranting an injunction from the Court.
`19.
`On information and belief, the infringement of the Patents-in-Suit by Defendant
`has been willful and continues to be willful. Defendant knew or should have known that
`its incorporation of the accused technology in its Accused Devices represented an
`objectively high likelihood of infringing the patents-in-suit. See In re Seagate Tech., LLC,
`497 F.3d 1360, 1371 (Fed. Cir. 2007) (en banc). Defendant had knowledge of the
`Patents-in-Suit, including but not limited to filing and service of this Complaint.
`20.
`On information and belief, Defendant has at least had constructive notice of the
`‘299 Patent by operation of law.
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`COUNT 2:
`INFRINGEMENT OF U.S. PATENT NO. 8,661,361
`Cypress incorporates by reference the allegations in paragraphs 1-20 above.
`21.
`The ‘361 Patent is valid, enforceable, and was duly and legally issued on
`22.
`February 25, 2014.
`23. Without a license or permission from Cypress, Defendant has infringed and
`continues to infringe on one or more claims of the ‘361 Patent—directly, contributorily,
`or by inducement—by importing, making, using, offering for sale, or selling products and
`devices that embody the patented invention, including, without limitation, one or more of
`the Accused Products, in violation of 35 U.S.C. § 271.
`24.
`Defendant has been and now is directly infringing by, among other things,
`practicing all of the steps of the ‘361 Patent and/or directing, controlling, and obtaining
`benefits from its partners, distributors and retailers practicing all of the steps of the ‘361
`Patent. Specifically, Defendant imports the Accused Devices into the United States; has
`partnered with numerous resellers to offer for sale and sell the Accused Devices in the
`United States, in numerous stores and websites (see, e.g., Exhibits A, B & C); Defendant
`generates revenue from sales of the Accused Products to U.S. customers in said stores
`and via said websites (see id.); and has attended trade shows in the United States where it
`has demonstrated the Accused Products (see, e.g., Exhibit F).
`25.
`Defendant has been and now is indirectly infringing by way of inducing
`infringement by others and/or contributing to the infringement by others of the ‘361
`Patent in the State of Texas, in this judicial district, and elsewhere in the United States,
`by, among other things, making, using, importing, offering for sale, and/or selling,
`without license or authority, products for use in systems that fall within the scope of one
`
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`or more claims of the ‘361 Patent. Such products include, without limitation, one or more
`of the Accused Products. Such products have no substantial non-infringing uses and are
`for use in systems that infringe the ‘361 Patent. By making, using, importing offering for
`sale, and/or selling such products, Defendant injured Cypress and is thus liable to
`Cypress for infringement of the ‘361 Patent under 35 U.S.C. § 271. Those whom
`Defendant induces to infringe and/or to whose infringement Defendant contributes are
`the end users of the Accused Products. See Dynacore Holdings Corp. v. U.S. Philips
`Corp., 363 F.3d 1263, 1272 (Fed. Cir. 2004). Defendant had knowledge of the ‘361
`Patent at least as early as the service of this complaint and is thus liable for infringement
`of one or more claims of the ‘361 Patent by actively inducing infringement and/or is
`liable as contributory infringer of one or more claims of the ‘361 Patent under 35 U.S.C.
`§ 271.
`Defendant’s acts of infringement of the ‘361 Patent have caused damage to
`26.
`Cypress, and Cypress is entitled to recover from Defendant the damages sustained as a
`result of Defendant’s wrongful acts in an amount subject to proof at trial pursuant to
`35 U.S.C. § 271. Defendant’s infringement of Cypress’s exclusive rights under the ‘361
`Patent will continue to damage Cypress, causing it irreparable harm, for which there is no
`adequate remedy at law, warranting an injunction from the Court.
`27.
`On information and belief, the infringement of the Patents-in-Suit by Defendant
`has been willful and continues to be willful. Defendant knew or should have known that
`its incorporation of the accused technology in its Accused Devices represented an
`objectively high likelihood of infringing the patents-in-suit. See In re Seagate Tech., LLC,
`
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`497 F.3d 1360, 1371 (Fed. Cir. 2007) (en banc). Defendant had knowledge of the
`Patents-in-Suit, including but not limited to filing and service of this Complaint.
`28.
`On information and belief, Defendant has at least had constructive notice of the
`‘361 Patent by operation of law.
`
`COUNT 3:
`INFRINGEMENT OF U.S. PATENT NO. 8,983,264
`Cypress incorporates by reference the allegations in paragraphs 1-28 above.
`29.
`The ‘264 Patent is valid, enforceable, and was duly and legally issued on March
`30.
`17, 2015.
`31. Without a license or permission from Cypress, Defendant has infringed and
`continues to infringe on one or more claims of the ‘264 Patent—directly, contributorily,
`or by inducement—by importing, making, using, offering for sale, or selling products and
`devices that embody the patented invention, including, without limitation, one or more of
`the Accused Products, in violation of 35 U.S.C. § 271.
`32.
`Defendant has been and now is directly infringing by, among other things,
`practicing all of the steps of the ‘264 Patent and/or directing, controlling, and obtaining
`benefits from its partners, distributors and retailers practicing all of the steps of the ‘264
`Patent. Specifically, Defendant imports the Accused Devices into the United States; has
`partnered with numerous resellers to offer for sale and sell the Accused Devices in the
`United States, in numerous stores and websites (see, e.g., Exhibits A, B & C); Defendant
`generates revenue from sales of the Accused Products to U.S. customers in said stores
`and via said websites (see id.); and has attended trade shows in the United States where it
`has demonstrated the Accused Products (see, e.g., Exhibit F).
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`Defendant has been and now is indirectly infringing by way of inducing
`33.
`infringement by others and/or contributing to the infringement by others of the ‘264
`Patent in the State of Texas, in this judicial district, and elsewhere in the United States,
`by, among other things, making, using, importing, offering for sale, and/or selling,
`without license or authority, products for use in systems that fall within the scope of one
`or more claims of the ‘264 Patent. Such products include, without limitation, one or more
`of the Accused Products. Such products have no substantial non-infringing uses and are
`for use in systems that infringe the ‘264 Patent. By making, using, importing offering for
`sale, and/or selling such products, Defendant injured Cypress and is thus liable to
`Cypress for infringement of the ‘264 Patent under 35 U.S.C. § 271. Those whom
`Defendant induces to infringe and/or to whose infringement Defendant contributes are
`the end users of the Accused Products. See Dynacore Holdings Corp. v. U.S. Philips
`Corp., 363 F.3d 1263, 1272 (Fed. Cir. 2004). Defendant had knowledge of the ‘264
`Patent at least as early as the service of this complaint and is thus liable for infringement
`of one or more claims of the ‘264 Patent by actively inducing infringement and/or is
`liable as contributory infringer of one or more claims of the ‘264 Patent under 35 U.S.C.
`§ 271.
`Defendant’s acts of infringement of the ‘264 Patent have caused damage to
`34.
`Cypress, and Cypress is entitled to recover from Defendant the damages sustained as a
`result of Defendant’s wrongful acts in an amount subject to proof at trial pursuant to
`35 U.S.C. § 271. Defendant’s infringement of Cypress’s exclusive rights under the ‘264
`Patent will continue to damage Cypress, causing it irreparable harm, for which there is no
`adequate remedy at law, warranting an injunction from the Court.
`
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`On information and belief, the infringement of the Patents-in-Suit by Defendant
`35.
`has been willful and continues to be willful. Defendant knew or should have known that
`its incorporation of the accused technology in its Accused Devices represented an
`objectively high likelihood of infringing the patents-in-suit. See In re Seagate Tech., LLC,
`497 F.3d 1360, 1371 (Fed. Cir. 2007) (en banc). Defendant had knowledge of the
`Patents-in-Suit, including but not limited to filing and service of this Complaint.
`36.
`On information and belief, Defendant has at least had constructive notice of the
`‘264 Patent by operation of law.
`
`COUNT 4:
`INFRINGEMENT OF U.S. PATENT NO. 9,423,923
`Cypress incorporates by reference the allegations in paragraphs 1-36 above.
`37.
`The ‘923 Patent is valid, enforceable, and was duly and legally issued on August
`38.
`23, 2016.
`39. Without a license or permission from Cypress, Defendant has infringed and
`continues to infringe on one or more claims of the ‘923 Patent—directly, contributorily,
`or by inducement—by importing, making, using, offering for sale, or selling products and
`devices that embody the patented invention, including, without limitation, one or more of
`the Accused Products, in violation of 35 U.S.C. § 271.
`40.
`Defendant has been and now is directly infringing by, among other things,
`practicing all of the steps of the ‘923 Patent and/or directing, controlling, and obtaining
`benefits from its partners, distributors and retailers practicing all of the steps of the ‘923
`Patent. Specifically, Defendant imports the Accused Devices into the United States; has
`partnered with numerous resellers to offer for sale and sell the Accused Devices in the
`United States, in numerous stores and websites (see, e.g., Exhibits A, B & C); Defendant
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`generates revenue from sales of the Accused Products to U.S. customers in said stores
`and via said websites (see id.); and has attended trade shows in the United States where it
`has demonstrated the Accused Products (see, e.g., Exhibit F).
`41.
`Defendant has been and now is indirectly infringing by way of inducing
`infringement by others and/or contributing to the infringement by others of the ‘923
`Patent in the State of Texas, in this judicial district, and elsewhere in the United States,
`by, among other things, making, using, importing, offering for sale, and/or selling,
`without license or authority, products for use in systems that fall within the scope of one
`or more claims of the ‘923 Patent. Such products include, without limitation, one or more
`of the Accused Products. Such products have no substantial non-infringing uses and are
`for use in systems that infringe the ‘923 Patent. By making, using, importing offering for
`sale, and/or selling such products, Defendant injured Cypress and is thus liable to
`Cypress for infringement of the ‘923 Patent under 35 U.S.C. § 271. Those whom
`Defendant induces to infringe and/or to whose infringement Defendant contributes are
`the end users of the Accused Products. See Dynacore Holdings Corp. v. U.S. Philips
`Corp., 363 F.3d 1263, 1272 (Fed. Cir. 2004). Defendant had knowledge of the ‘923
`Patent at least as early as the service of this complaint and is thus liable for infringement
`of one or more claims of the ‘923 Patent by actively inducing infringement and/or is
`liable as contributory infringer of one or more claims of the ‘923 Patent under 35 U.S.C.
`§ 271.
`Defendant’s acts of infringement of the ‘923 Patent have caused damage to
`42.
`Cypress, and Cypress is entitled to recover from Defendant the damages sustained as a
`result of Defendant’s wrongful acts in an amount subject to proof at trial pursuant to
`
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`35 U.S.C. § 271. Defendant’s infringement of Cypress’s exclusive rights under the ‘923
`Patent will continue to damage Cypress, causing it irreparable harm, for which there is no
`adequate remedy at law, warranting an injunction from the Court.
`43.
`On information and belief, the infringement of the Patents-in-Suit by Defendant
`has been willful and continues to be willful. Defendant knew or should have known that
`its incorporation of the accused technology in its Accused Devices represented an
`objectively high likelihood of infringing the patents-in-suit. See In re Seagate Tech., LLC,
`497 F.3d 1360, 1371 (Fed. Cir. 2007) (en banc). Defendant had knowledge of the
`Patents-in-Suit, including but not limited to filing and service of this Complaint.
`44.
`On information and belief, Defendant has at least had constructive notice of the
`‘923 Patent by operation of law.
`
`COUNT 5:
`INFRINGEMENT OF U.S. PATENT NO. 9,423,938
`Cypress incorporates by reference the allegations in paragraphs 1-44 above.
`45.
`The ‘938 Patent is valid, enforceable, and was duly and legally issued on August
`46.
`23, 2016.
`47. Without a license or permission from Cypress, Defendant has infringed and
`continues to infringe on one or more claims of the ‘938 Patent—directly, contributorily,
`or by inducement—by importing, making, using, offering for sale, or selling products and
`devices that embody the patented invention, including, without limitation, one or more of
`the Accused Products, in violation of 35 U.S.C. § 271.
`48.
`Defendant has been and now is directly infringing by, among other things,
`practicing all of the steps of the ‘938 Patent and/or directing, controlling, and obtaining
`benefits from its partners, distributors and retailers practicing all of the steps of the ‘938
`
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`Patent. Specifically, Defendant imports the Accused Devices into the United States; has
`partnered with numerous resellers to offer for sale and sell the Accused Devices in the
`United States, in numerous stores and websites (see, e.g., Exhibits A, B & C); Defendant
`generates revenue from sales of the Accused Products to U.S. customers in said stores
`and via said websites (see id.); and has attended trade shows in the United States where it
`has demonstrated the Accused Products (see, e.g., Exhibit F).
`49.
`Defendant has been and now is indirectly infringing by way of inducing
`infringement by others and/or contributing to the infringement by others of the ‘938
`Patent in the State of Texas, in this judicial district, and elsewhere in the United States,
`by, among other things, making, using, importing, offering for sale, and/or selling,
`without license or authority, products for use in systems that fall within the scope of one
`or more claims of the ‘938 Patent. Such products include, without limitation, one or more
`of the Accused Products. Such products have no substantial non-infringing uses and are
`for use in systems that infringe the ‘938 Patent. By making, using, importing offering for
`sale, and/or selling such products, Defendant injured Cypress and is thus liable to
`Cypress for infringement of the ‘938 Patent under 35 U.S.C. § 271. Those whom
`Defendant induces to infringe and/or to whose infringement Defendant contributes are
`the end users of the Accused Products. See Dynacore Holdings Corp. v. U.S. Philips
`Corp., 363 F.3d 1263, 1272 (Fed. Cir. 2004). Defendant had knowledge of the ‘938
`Patent at least as early as the service of this complaint and is thus liable for infringement
`of one or more claims of the ‘938 Patent by actively inducing infringement and/or is
`liable as contributory infringer of one or more claims of the ‘938 Patent under 35 U.S.C.
`§ 271.
`
`
`
`14
`
`
`
`Case 6:16-cv-01245-RWS Document 1 Filed 10/28/16 Page 15 of 19 PageID #: 15
`
`Defendant’s acts of infringement of the ‘938 Patent have caused damage to
`50.
`Cypress, and Cypress is entitled to recover from Defendant the damages sustained as a
`result of Defendant’s wrongful acts in an amount subject to proof at trial pursuant to
`35 U.S.C. § 271. Defendant’s infringement of Cypress’s exclusive rights under the ‘938
`Patent will continue to damage Cypress, causing it irreparable harm, for which there is no
`adequate remedy at law, warranting an injunction from the Court.
`51.
`On information and belief, the infringement of the Patents-in-Suit by Defendant
`has been willful and continues to be willful. Defendant knew or should have known that
`its incorporation of the accused technology in its Accused Devices represented an
`objectively high likelihood of infringing the patents-in-suit. See In re Seagate Tech., LLC,
`497 F.3d 1360, 1371 (Fed. Cir. 2007) (en banc). Defendant had knowledge of the
`Patents-in-Suit, including but not limited to filing and service of this Complaint.
`52.
`On information and belief, Defendant has at least had constructive notice of the
`‘938 Patent by operation of law.
`
`COUNT 6:
`INFRINGEMENT OF U.S. PATENT NO. 9,423,954
`Cypress incorporates by reference the allegations in paragraphs 1-52 above.
`53.
`The ‘954 Patent is valid, enforceable, and was duly and legally issued on August
`54.
`23, 2016.
`55. Without a license or permission from Cypress, Defendant has infringed and
`continues to infringe on one or more claims of the ‘954 Patent—directly, contributorily,
`or by inducement—by importing, making, using, offering for sale, or selling products and
`devices that embody the patented invention, including, without limitation, one or more of
`the Accused Products, in violation of 35 U.S.C. § 271.
`
`
`
`15
`
`
`
`Case 6:16-cv-01245-RWS Document 1 Filed 10/28/16 Page 16 of 19 PageID #: 16
`
`Defendant has been and now is directly infringing by, among other things,
`56.
`practicing all of the steps of the ‘954 Patent and/or directing, controlling, and obtaining
`benefits from its partners, distributors and retailers practicing all of the steps of the ‘954
`Patent. Specifically, Defendant imports the Accused Devices into the United States; has
`partnered with numerous resellers to offer for sale and sell the Accused Devices in the
`United States, in numerous stores and websites (see, e.g., Exhibits A, B & C); Defendant
`generates revenue from sales of the Accused Products to U.S. customers in said stores
`and via said websites (see id.); and has attended trade shows in the United States where it
`has demonstrated the Accused Products (see, e.g., Exhibit F).
`57.
`Defendant has been and now is indirectly infringing by way of inducing
`infringement by others and/or contributing to the infringement by others of the ‘954
`Patent in the State of Texas, in this judicial district, and elsewhere in the United States,
`by, among other things, making, using, importing, offering for sale, and/or selling,
`without license or authority, products for use in systems that fall within the scope of one
`or more claims of the ‘954 Patent. Such products include, without limitation, one or more
`of the Accused Products. Such products have no substantial non-infringing uses and are
`for use in systems that infringe the ‘954 Patent. By making, using, importing offering for
`sale, and/or selling such products, Defendant injured Cypress and is thus liable to
`Cypress for infringement of the ‘954 Patent under 35 U.S.C. § 271. Those whom
`Defendant induces to infringe and/or to whose infringement Defendant contributes are
`the end users of the Accused Products. See Dynacore Holdings Corp. v. U.S. Philips
`Corp., 363 F.3d 1263, 1272 (Fed. Cir. 2004). Defendant had knowledge of the ‘954
`Patent at least as early as the service of this complaint and is thus liable for infringement
`
`
`
`16
`
`
`
`Case 6:16-cv-01245-RWS Document 1 Filed 10/28/16 Page 17 of 19 PageID #: 17
`
`of one or more claims of the ‘954 Patent by actively inducing infringement and/or is
`liable as contributory infringer of one or more claims of the ‘954 Patent under 35 U.S.C.
`§ 271.
`Defendant’s acts of infringement of the ‘954 Patent have caused damage to
`58.
`Cypress, and Cypress is entitled to recover from Defendant the damages sustained as a
`result of Defendant’s wrongful acts in an amount subject to proof at trial pursuant to
`35 U.S.C. § 271. Defendant’s infringement of Cypress’s exclusive rights under the ‘954
`Patent will continue to damage Cypress, causing it irreparable harm, for which there is no
`adequate remedy at law, warranting an injunction from the Court.
`59.
`On information and belief, the infringement of the Patents-in-Suit by Defendant
`has been willful and continues to be willful. Defendant knew or should have known that
`its incorporation of the accused technology in its Accused Devices represented an
`objectively high likelihood of infringing the patents-in-suit. See In re Seagate Tech., LLC,
`497 F.3d 1360, 1371 (Fed. Cir. 2007) (en banc). Defendant had knowledge of the
`Patents-in-Suit, including but not limited to filing and service of this Complaint.
`60.
`On information and belief, Defendant has at least had constructive notice of the
`‘954 Patent by operation of law.
`
`REQUEST FOR RELIEF
`Cypress incorporates each of the allegations in paragraphs 1 through 60 above and
`respectfully asks the Court to:
`(a)
`enter a judgment that Defendant has directly infringed, contributorily
`infringed, and/or induced infringement of one or more claims of each of the
`Patents-in-Suit;
`
`
`
`17
`
`
`
`Case 6:16-cv-01245-RWS Document 1 Filed 10/28/16 Page 18 of 19 PageID #: 18
`
`enter a judgment awarding Cypress all damages adequate to compensate it
`(b)
`for Defendant’s infringement of, direct or contributory, or inducement to infringe,
`the Patents-in-Suit, including all pre-judgment and post-judgment interest at the
`maximum rate permitted by law;
`(c)
`enter a judgment awarding treble damages pursuant to 35 U.S.C. § 284 for
`Defendant’s willful infringement of one or more of the Patents-in-Suit;
`(d)
`issue a preliminary injunction and thereafter a permanent injunction
`enjoining and restraining Defendant, its directors, officers, agents, servants,
`employees, and those acting in privity or in concert with them, and their
`subsidiaries, divisions, successors, and assigns, from further acts of infringement,
`contributory infringement, or inducement of infringement of the Patents-in-Suit;
`(e)
`ent
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