Case 1:12-cv-00398-GMS Document 27 Filed 02/21/13 Page 1 of 19 PageID #: 301
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`HUMANEYES TECHS., LTD.,
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`C.A. No. 12-398-GMS
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`JURY TRIAL DEMANDED
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`HUMANEYES TECHNOLOGIES, LTD.’S FIRST AMENDED COMPLAINT
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`Plaintiff HumanEyes Technologies, Ltd., by and through its attorneys, for its First
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`Amended Complaint for Patent Infringement against Defendants Sony Corporation, Sony
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`Corporation of America, Sony Electronics Inc., Sony Mobile Communications AB, and Sony
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`Mobile Communications (USA) Inc., alleges as follows, upon personal knowledge with respect
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`to its own acts, and upon information and belief with respect to the circumstances and fact of
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`others:
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`PARTIES
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`1.
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`HumanEyes Technologies, Ltd. (“HumanEyes”) is a company organized under
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`the laws of Israel having its principal place of business located at 1-4 High Tech Village,
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`Edmond Safra Campus, The Hebrew University, Givat Ram, 91390 Jerusalem, Israel.
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`HumanEyes Technologies, Inc. is controlled by and is a wholly-owned subsidiary of HumanEyes
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`Technologies, Ltd. and is a corporation organized and existing under the laws of the State of
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`Delaware, with its principle place of business at 366 North Broadway, Suite 410-C1, Jericho,
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`New York, 11753.
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`SONY CORP., SONY CORP. OF AMERICA,
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`SONY ELECS., INC., SONY MOBILE
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`COMMS. AB, SONY MOBILE COMMS.
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`(USA), INC.,
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`Plaintiff,
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`v.
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`Defendants.
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`2.
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`On information and belief, Sony Corporation (“Sony Corp.”) is a corporation
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`existing and organized under the laws of Japan with its principal place of business at 1-7-1
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`Konan, Minato-ku, Tokyo 108-0075, Japan.
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`3.
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`On information and belief, Sony Corporation of America (“SCA”) is a subsidiary
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`of Sony Corp. and is a corporation organized and existing under the laws of the State of New
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`York, with its principal place of business at 550 Madison Avenue, 27th Floor, New York, NY
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`10022-3211. SCA is registered to do business in Delaware. Its registered agent for service of
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`process in Delaware is The Corporation Trust Company, Corporation Trust Center, 1209 Orange
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`Street, Wilmington, Delaware 19801.
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`4.
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`On information and belief, Sony Electronics Inc. (“SEI”) is a wholly-owned
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`subsidiary of SCA, is an indirect subsidiary of Sony Corp., and is a Delaware corporation with
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`its principal place of business located at 16530 Via Esprillo, San Diego, CA 92127-1708. SEI’s
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`registered agent for service of process is Corporation Service Company, 2711 Centerville Road,
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`Suite 400, Wilmington, DE 19808.
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`5.
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`On information and belief, Sony Mobile Communications AB (“Sony Mobile
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`AB”) is a subsidiary of Sony Corp. and is a company organized and existing under the laws of
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`Sweden with its principal place of business at 202 Hammersmith Rd, London W6 7DN, United
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`Kingdom.
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`6.
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`On information and belief, Sony Mobile Communications (USA) Inc. (“Sony
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`Mobile (USA)”) is an indirect subsidiary of Sony Corp. and is a Delaware corporation with its
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`principal place of business located at 3333 Piedmont Road, Suite 600, Atlanta, Georgia 30305.
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`Sony Mobile (USA)’s registered agent for service of process is Capitol Services, Inc., 1675
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`South State Street, Suite B, Dover, DE, 19901.
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`7.
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`On information and belief, Sony Corp., SCA, SEI, Sony Mobile AB, and Sony
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`Mobile (USA), (collectively, “Sony”) individually and/or collectively and in concert, are
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`engaged in the design, manufacture, importation into the United States, sale for importation, and
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`sale after importation of the Accused Products (defined below).
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`JURISDICTION AND VENUE
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`8.
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`This civil action for patent infringement arises under the patent laws of the United
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`States, 35 U.S.C. § 100 et seq., including in particular under 35 U.S.C. § 271. This Court has
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`subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`9.
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`Sony Corp. is subject to personal jurisdiction in this Court because, upon
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`information and belief, Sony Corp. does and has done substantial business in this district,
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`including both independently and through and with its subsidiaries and various commercial
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`arrangements by placing its products, including those that infringe HumanEyes’ patents, into the
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`stream of commerce, which stream is directed at the State of Delaware and this district, with the
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`knowledge and/or understanding that such products would be sold in the State of Delaware and
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`this district.
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`10.
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`On information and belief, Sony Corp. has sufficient minimum contacts with the
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`district that an exercise of personal jurisdiction over Sony Corp. would not offend traditional
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`notions of fair play and substantial justice and would be appropriate under Delaware Code Title
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`10, Section 3104.
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`11.
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`SCA is subject to personal jurisdiction in this Court because, upon information
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`and belief, SCA does and has done substantial business in this district, including both
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`independently and through and with its subsidiaries and various commercial arrangements by
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`placing its products, including those that infringe HumanEyes’ patents, into the stream of
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`commerce, which stream is directed at the State of Delaware and this district, with the
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`knowledge and/or understanding that such products would be sold in the State of Delaware and
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`this district.
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`12.
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`On information and belief, SCA has sufficient minimum contacts with the district
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`that an exercise of personal jurisdiction over SCA would not offend traditional notions of fair
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`play and substantial justice and would be appropriate under Delaware Code Title 10, Section
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`3104.
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`13.
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`SEI is incorporated in Delaware and, therefore, resides in and is subject to
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`personal jurisdiction in this judicial district.
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`14.
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`Sony Mobile AB is subject to personal jurisdiction in this Court because, upon
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`information and belief, Sony Mobile AB does and has done substantial business in this district,
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`including both independently and in concert with Sony Corp. and its subsidiaries and through
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`various commercial arrangements by placing its products, including those that infringe
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`HumanEyes’ patents, into the stream of commerce, which stream is directed at the State of
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`Delaware and this district, with the knowledge and/or understanding that such products would be
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`sold in the State of Delaware and this district.
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`15.
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`On information and belief, Sony Mobile AB has sufficient minimum contacts
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`with the district that an exercise of personal jurisdiction over Sony Mobile AB would not offend
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`traditional notions of fair play and substantial justice and would be appropriate under Delaware
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`Code Title 10, Section 3104.
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`16.
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`Sony Mobile (USA) is incorporated in Delaware and, therefore, resides in and is
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`subject to personal jurisdiction in this judicial district.
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`17.
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`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c) and/or
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`and 1400(b).
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`BACKGROUND AS TO ALL COUNTS
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`18.
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`Conventional methods of generating 3D images require special, expensive double
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`lens cameras. In 1998, Professor Shmuel Peleg, a world-renowned figure in Computer Vision,
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`and members of his research team proposed an innovative, new method for generating 3D
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`panoramic images by combining portions of multiple images recorded by an ordinary camera.
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`This breakthrough has made it possible to bring inexpensive 3D photography to standard digital
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`cameras and mobile devices. Professor Peleg and his co-inventors were awarded patent
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`protection by the U.S. Patent and Trademark Office for that technology in U.S. Patent Nos.
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`6,665,003 and 7,477,284 (collectively, the “Asserted Patents”).
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`19.
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`In 2000, HumanEyes Technologies, Ltd. (“HumanEyes”) was founded to further
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`develop and commercialize products that realize the innovative potential of Professor Peleg and
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`his team’s discoveries in generating and displaying 3D mosaic images and related technologies.
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`HumanEyes, the exclusive licensee to Professor Peleg’s 3D stereo panoramic patents, applies
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`that patented vision to provide a complete, end-to-end solution for creating and printing 3D
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`photographic effects.
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`20.
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`Inventor and HumanEyes co-founder Shmuel Peleg is widely recognized as a
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`leading scholar and researcher in the field of Computer Vision, with over 127 publications and
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`16 U.S. Patents.
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`21.
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`Professor Peleg’s prominence in the field of Computer Vision is well-known to
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`Sony. Sony Corporation Research Engineer Dr. Kenji Tanaka has cited Professor Peleg’s work
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`in at least three of his own publications and described Professor Peleg as “one of the most
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`famous people in this field” during correspondence between Dr. Tanaka and Professor Peleg in
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`2004. Professor Peleg’s works have also been cited by Sony and/or the PTO examiner in at least
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`5 of Sony’s U.S. patents (U.S. Patent Nos. 7,542,606; 7,764,283; 7,831,086; 7,840,095; and
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`8,086,072) and at least 7 of Sony’s published U.S. Patent Applications (U.S. Patent Application
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`Pub. Nos. 2011/0122953, 2011/0123131, 2011/0286526, 2011/0293014, 2010/0289881,
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`2011/0293195, 2012/0019725).
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`22.
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`Professor Peleg and others at HumanEyes have discussed Professor Peleg’s
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`breakthrough work on 3D panorama mosaic imaging with employees at Sony—including at least
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`Dr. Tanaka, Toshiyuki Ogura, and Atsushi Iizuka at Sony Corporation; marketing director Mary
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`Abram at Sony Electronics Inc.; and Senior Vice President of Sony Corporation of America’s
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`“Sony 3D Technology Center” Buzz Hays—since at least December, 2004.
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`THE ASSERTED PATENTS
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`23.
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`United States Patent No. 6,665,003 (’003), entitled “System and Method for
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`Generating and Displaying Panoramic Images and Movies,” issued on December 16, 2003, to
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`inventors Shmuel Peleg, Moshe Ben-Ezra, and Robert S. Rosenschein. Yissum Research
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`Development Company of the Hebrew University of Jerusalem was assigned all right, title, and
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`interest in the ’003 patent by the named inventors and is presently owner. HumanEyes is the
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`exclusive licensee of the ’003 patent, with all substantial rights and interest in practicing,
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`sublicensing, and enforcement. A true and correct copy of the ’003 patent is attached to this
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`Complaint as Exhibit A.
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`24.
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`U.S. Patent No. 7,477,284 (’284), entitled “System and Method for Capturing and
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`Viewing Stereoscopic Panoramic Images,” issued on January 13, 2009, to inventors Shmuel
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`Peleg, Moshe Ben-Ezra, and Yael Pritch. Yissum Research Development Company of the
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`Hebrew University of Jerusalem was assigned all right, title, and interest in the ’284 patent by
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`the named inventors and is presently owner. HumanEyes is the exclusive licensee of the ’284
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`patent, with all substantial rights and interest in practicing, sublicensing, and enforcement. A
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`true and correct copy of the ’284 patent is attached to this Complaint as Exhibit B.
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`25.
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`HumanEyes is the exclusive licensee of the ’003 and ’284 patents, with all
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`substantial rights and interest in practicing, sublicensing, and enforcing each.
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`THE ACCUSED PRODUCTS
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`26.
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` The Accused Products are cameras and mobile devices and/or associated
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`firmware, software, and/or components1 that, together or independently, are capable of
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`generating 3D panoramic mosaic images.
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`27.
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`On information and belief, Sony’s 3D Sweep Panorama mode and/or Sweep
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`Multi-Angle mode and those cameras and mobile devices that are sold with or may be adapted
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`for use with the 3D Sweep Panorama mode and/or Sweep Multi-Angle mode—including but not
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`limited to Cyber-shot (DSC) models HX7V, HX9V, HX10V, HX20V/B, HX30V/B, HX100V,
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`HX200V, TX9, TX10, TX20, TX55, TX66, TX100V, TX200V, WX5, WX9, WX10, WX50,
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`WX150; DSLR (α series) models NEX-3, NEX-C3, NEX-5, NEX-5N, NEX-7, α560, α580,
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`α33L, α35, α55V, α65V, α65VK, α77V, and α77VQ; and mobile device (Xperia) models active,
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`arc, arc S, ion, neo, neo V, mini pro, pro, ray, and Live with Walkman—are Accused Products
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`that infringe at least one claim of the Asserted Patents.
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`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,665,003
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`28.
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` HumanEyes incorporates by reference paragraphs 1 through 27 of this Complaint
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`as if fully set forth herein.
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`1 The associated firmware and/or software include, for example, operating systems, user
`interfaces, and application software, and the firmware associated with an image sensor.
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`29.
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`Upon information and belief, Sony has infringed and continues to directly infringe
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`one or more claims of the ’003 patent in violation of 35 U.S.C. § 271(a), literally or under the
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`doctrine of equivalents, by making, using, offering for sale, and selling in the United States and
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`by importing into the United States, without authority, the Accused Products practicing at least
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`one claim of the ’003 patent, including for example the cameras and mobile devices described
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`and listed in paragraph 27.
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`30.
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`On information and belief, Sony has knowledge of the ’003 patent, at least
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`because Sony was provided with a copy of HumanEyes’ complaint filed with the International
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`Trade Commission (“ITC”) on March 28, 2012 (leading to the institution of Investigation No.
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`337-TA-842); HumanEyes’ original complaint in this action, filed on March 29, 2012; and this
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`First Amended Complaint.
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`31.
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`On information and belief, Sony Corp. has had knowledge of the ’003 patent
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`since at least May 13, 2009 because the ’003 patent is cited and discussed in Sony Corp.’s
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`Singapore Patent Application No. 200903332-5 and its U.S. counterpart, U.S. Patent Application
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`No. 12/775,024, which is assigned to Sony Corp.
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`32.
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`Upon information and belief, SCA, SEI, Sony Mobile AB, and Sony Mobile
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`(USA) have had constructive knowledge of the ’003 patent since at least on or around May 13,
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`2009, at least because Sony Corp. had knowledge of the ’003 patent since then.
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`33.
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`Given the prominence of Professor Peleg’s work and Sony’s knowledge of the
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`patents, upon information and belief, Sony either (a) has knowledge that making, using, selling,
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`offering for sale, and importing the Accused Products constitute infringement of the ’003 patent,
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`or (b) subjectively believes that there has been and continues to be a high risk that making, using,
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`selling, offering for sale, and importing the Accused Products constitute infringement of the ’003
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`patent and has taken deliberate steps to avoid determining whether the acts actually constitute
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`infringement.
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`34.
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`Sony also has actual knowledge of HumanEyes’ contentions about the manner
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`and scope of Sony’s direct and indirect infringement and HumanEyes’ contentions about Sony’s
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`awareness of Professor Peleg’s work, knowledge of the patents, and knowledge of HumanEyes
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`and its technology at least because HumanEyes provided those detailed contentions in
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`confidential responses to interrogatories propounded by Sony in Investigation No. 337-TA-842.
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`Upon information and belief, those confidential responses to contention interrogatories remain in
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`Sony’s possession, custody, and control after HumanEyes returned them to Sony (at the request
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`of Sony’s counsel) after the termination of the 842 Investigation.
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`35.
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`Sony continues at least to sell, offer for sale, advertise, provide instructions for,
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`and support cameras and mobile devices that Sony knows to include the 3D Sweep Panorama
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`and/or Sweep Multi-Angle modes and that Sony knows were accused of infringing the ’003
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`patent in ITC Investigation No. 337-TA-842 and are accused herein.
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`36.
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`Sony has made, used, sold, offered for sale, and imported and continues to make,
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`use, sell, offer for sale, and import the Accused Products and certain components of the Accused
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`Products despite an objectively high likelihood that its actions, individually and collectively,
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`constitute infringement of the ’003 patent and despite being on notice of the fact and the manner
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`of the accused infringement. Moreover, upon information and belief, the risk that its actions
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`constitute infringement of a valid U.S. patent was either actually known to Sony or, given the
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`prominence of Professor Peleg’s work and Sony’s knowledge of the patents and of HumanEyes’
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`work back to at least 2004, is and was so clear that it should have been known to Sony.
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`37.
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`On information and belief, Sony indirectly infringes the ’003 patent by knowingly
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`inducing the infringement of at least one claim of the ’003 patent pursuant to 35 U.S.C. § 271(b),
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`including without limitation by knowingly encouraging its customers, including purchasers and
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`end users of the Accused Products, to make and/or use the claimed systems and/or methods for
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`generating and displaying 3D panoramic images. Such making and/or using of the claimed
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`systems and/or methods for generating and displaying 3D panoramic images constitutes
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`infringement, literally or under the doctrine of equivalents, of one or more claims of the ’003
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`patent by such customers, including purchasers and end users of the Accused Products. Sony’s
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`acts of encouragement include: providing and intending its customers to use the Accused
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`Products, including providing and intending its customers to use the 3D Sweep Panorama and/or
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`Sweep Multi-Angle modes of the Accused Products; advertising the Accused Products and the
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`3D Sweep Panorama and/or Sweep Multi-Angle modes of the Accused Products through its
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`website and other marketing materials; and providing instructions to use the Accused Products
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`and the 3D Sweep Panorama and/or Sweep Multi-Angle modes of the Accused Products.
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`38.
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`Sony has proceeded in this manner despite its actual knowledge of the ’003 patent
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`and its actual knowledge that the specific actions it actively induced (through its acts of
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`encouragement as described above) on the part of its customers constitute infringement of the
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`’003 patent (as described above in detail in paragraphs 30-37). At the very least, because Sony
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`has been and remains on notice of the ’003 patent and the accused infringement (as described
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`above in detail in paragraphs 30-37), it has been and remains willfully blind regarding the
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`infringement it has induced and continues to induce through its acts of encouragement as
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`described above.
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`39.
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`On information and belief, Sony contributes to the infringement of at least one
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`claim of the ’003 patent pursuant to 35 U.S.C. § 271(c) by, without authority, selling and/or
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`offering to sell within the United States, importing, and/or supplying certain components of the
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`claimed systems and/or methods for generating and displaying 3D panoramic images, i.e., the
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`software and/or firmware modules of the Accused Products that in combination provide the
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`imaging and display functionality available in the 3D Sweep Panorama and/or Sweep Multi-
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`Angle modes. The combination of software and/or firmware modules of the Accused Products
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`that provide the 3D Sweep Panorama and/or Sweep Multi-Angle functionality are sold or
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`imported into the United States by Sony and are installed on a Sony camera or mobile device to
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`make the claimed systems for generating and displaying 3D panoramic images. Use of these
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`claimed systems for generating and displaying 3D panoramic images by Sony and its customers,
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`including purchasers and end users of the Accused Products, constitutes infringement, literally or
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`under the doctrine of equivalents, of one or more claims of the ’003 patent. As described herein,
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`the components supplied by Sony, i.e., the software and/or firmware modules of the Accused
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`Products that provide the 3D Sweep Panorama and/or Sweep Multi-Angle modes of the Accused
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`Products, constitute material parts of the claimed inventions of the ’003 patent.
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`40.
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`On information and belief, Sony actually knows, for the reasons described in
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`detail in paragraphs 30-36 and 39 above, that the components described in paragraph 39 are
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`especially made and/or especially adapted for use in infringing the ’003 patent because they are
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`components especially made and/or especially adapted for generating and displaying 3D
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`panoramic images. Moreover, these components are not staple articles of commerce suitable for
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`substantial noninfringing use at least because the combined 3D Sweep Panorama and/or Sweep
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`Multi-Angle modes software and/or firmware components have no use apart from generating and
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`displaying 3D panoramic images, as evidenced by Sony’s product literature referenced in
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`paragraph 37. The software and/or firmware modules of the Accused Products that in
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`combination provide the 3D Sweep Panorama and/or Sweep Multi-Angle modes are so used only
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`in conjunction with or as part of the claimed systems and/or methods for generating and
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`displaying 3D panoramic images.
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`41.
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`Upon information and belief, Sony’s infringement of the ’003 patent has been and
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`continues to be willful, entitling HumanEyes to enhanced damages pursuant to 35 U.S.C. § 284
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`because (as described in additional detail in paragraphs 30-40), Sony has made, used, sold,
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`offered for sale, and imported and continues to make, use, sell, offer for sale, import and induce
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`others’ use of the Accused Products and the 3D Sweep Panorama and/or Sweep Multi-Angle
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`software and/or firmware components of the Accused Products despite an objectively high
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`likelihood that its actions, individually and collectively, constitute infringement of the ’003
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`patent and despite being on notice that its actions constitute infringement. Moreover, upon
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`information and belief, the risk that its actions constitute infringement of a valid U.S. patent was
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`either actually known to Sony or, given the prominence of Professor Peleg’s work and Sony’s
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`knowledge of the patents, is and was so clear that it should have been known to Sony.
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`42.
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`HumanEyes has been and continues to be damaged by Sony’s infringement of the
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`’003 patent in an amount to be determined at trial.
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`43.
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`Upon information and belief, Sony’s actions make this an exceptional case
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`pursuant to 35 U.S.C. § 285.
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`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,477,284
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`44.
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` HumanEyes incorporates by reference paragraphs 1 through 43 of this Complaint
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`as if fully set forth herein.
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`45.
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`Upon information and belief, Sony has infringed and continues to directly infringe
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`one or more claims of the ’284 patent in violation of 35 U.S.C. § 271(a), literally or under the
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`doctrine of equivalents, by making, using, offering for sale, and selling in the United States and
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`by importing into the United States, without authority, the Accused Products practicing at least
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`one claim of the ’284 patent, including for example the cameras and mobile devices described
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`and listed in paragraph 27.
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`46.
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`On information and belief, Sony currently has knowledge of the ’284 patent, at
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`least because Sony was provided with a copy of HumanEyes’ complaint filed with the
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`International Trade Commission (“ITC”) on March 28, 2012 (leading to the institution of ITC
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`Investigation No. 337-TA-842); HumanEyes’ original complaint in this action, filed on March
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`29, 2012; and this First Amended Complaint.
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`47.
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`On information and belief, Sony Corp. and SEI have had knowledge of the ’284
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`patent since at least April 11, 2011 because the ’284 patent was cited and discussed by the PTO
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`examiner in an April 11, 2011 non-final rejection during the prosecution of U.S. Patent No.
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`8,086,072 assigned to Sony Corp. and SEI.
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`48.
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`Upon information and belief, SCA, Sony Mobile AB, and Sony Mobile (USA)
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`have had constructive knowledge of the ’284 patent since at least on or around April 11, 2011 at
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`least because Sony Corp. and SEI had knowledge since then.
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`49.
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`Given the prominence of Professor Peleg’s work and Sony’s knowledge of the
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`patents, upon information and belief, Sony either (a) has knowledge that making, using, selling,
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`offering for sale, and importing the Accused Products constitute infringement of the ’284 patent,
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`or (b) subjectively believes that there has been and continues to be a high risk that making, using,
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`selling, offering for sale, and importing the Accused Products constitute infringement of the ’284
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`{00724668;v1 }
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`Case 1:12-cv-00398-GMS Document 27 Filed 02/21/13 Page 14 of 19 PageID #: 314
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`patent and has taken deliberate steps to avoid determining whether the acts actually constitute
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`infringement.
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`50.
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`Sony also has actual knowledge of HumanEyes’ contentions about the manner
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`and scope of Sony’s direct and indirect infringement and HumanEyes’ contentions about Sony’s
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`awareness of Professor Peleg’s work, knowledge of the patents, and knowledge of HumanEyes
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`and its technology at least because HumanEyes provided those detailed contentions in
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`confidential responses to interrogatories propounded by Sony in Investigation No. 337-TA-842.
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`Upon information and belief, those confidential responses to contention interrogatories remain in
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`Sony’s possession, custody, and control after HumanEyes returned them to Sony (at the request
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`of Sony’s counsel) after the termination of the 842 Investigation.
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`51.
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`Sony continues at least to sell, offer for sale, advertise, provide instructions for,
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`and support cameras and mobile devices that Sony knows to include the 3D Sweep Panorama
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`and/or Sweep Multi-Angle modes and that Sony knows were accused of infringing the ’284
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`patent in ITC Investigation No. 337-TA-842 and are accused herein.
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`52.
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`Sony has made, used, sold, offered for sale, and imported and continues to make,
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`use, sell, offer for sale, and import the Accused Products and certain components of the Accused
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`Products despite an objectively high likelihood that its actions, individually and collectively,
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`constitute infringement of the ’284 patent and despite being on notice of the fact and the manner
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`of the accused infringement. Moreover, upon information and belief, the risk that its actions
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`constitute infringement of a valid U.S. patent was either actually known to Sony or, given the
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`prominence of Professor Peleg’s work and Sony’s knowledge of the patents and of HumanEyes’
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`work back to at least 2004, is and was so clear that it should have been known to Sony.
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`{00724668;v1 }
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`Case 1:12-cv-00398-GMS Document 27 Filed 02/21/13 Page 15 of 19 PageID #: 315
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`53.
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`On information and belief, Sony indirectly infringes the ’284 patent by knowingly
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`inducing the infringement of the ’284 patent pursuant to 35 U.S.C. § 271(b), including without
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`limitation by knowingly encouraging its customers, including purchasers and end users of the
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`Accused Products, to make and/or use the claimed systems and/or methods for capturing and
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`viewing stereoscopic panoramic images and/or images that provide a sense of depth. Such
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`making and/or using of the claimed systems and/or methods for capturing and viewing
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`stereoscopic panoramic images and/or images that provide a sense of depth constitutes
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`infringement, literally or under the doctrine of equivalents, of one or more claims of the ’284
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`patent by such customers, including purchasers and end users of the Accused Products. Sony’s
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`acts of encouragement include: providing and intending its customers to use the Accused
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`Products, including providing and intending its customers to use the 3D Sweep Panorama and/or
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`Sweep Multi-Angle modes of the Accused Products; advertising the Accused Products and the
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`3D Sweep Panorama and/or Sweep Multi-Angle modes of the Accused Products through its
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`website and other marketing materials; and providing instructions to use the Accused Products
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`and the 3D Sweep Panorama and/or Sweep Multi-Angle modes of the Accused Products..
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`54.
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`Sony has proceeded in this manner despite its actual knowledge of the ’284 patent
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`and that the specific actions it actively induced (through its acts of encouragement as described
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`above) on the part of its customers constitute infringement of the ’284 patent (as described above
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`in detail in paragraphs 46-53). At the very least, because Sony has been and remains on notice of
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`the ’284 patent and the accused infringement (as described above in detail in paragraphs 46-53),
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`it has been and remains willfully blind regarding the infringement it has induced and continues to
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`induce through its acts of encouragement as described above.
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`{00724668;v1 }
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`Case 1:12-cv-00398-GMS Document 27 Filed 02/21/13 Page 16 of 19 PageID #: 316
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`55.
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`On information and belief, Sony contributes to the infringement of at least one
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`claim of the ’284 patent pursuant to 35 U.S.C. § 271(c) by, without authority, selling and/or
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`offering to sell within the United States, importing, and/or supplying certain components of the
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`claimed systems and/or methods for capturing and viewing stereoscopic panoramic images
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`and/or images that provide a sense of depth, i.e., the software and/or firmware modules of the
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`Accused Products that in combination provide the imaging and display functionality available in
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`the 3D Sweep Panorama and/or Sweep Multi-Angle modes. The combination of software and/or
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`firmware modules of the Accused Products that provide the 3D Sweep Panorama and/or Sweep
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`Multi-Angle functionality are sold or imported into the United States by Sony and are installed
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`on a Sony camera or mobile device to make the claimed systems for capturing and viewing
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`stereoscopic panoramic images and/or images that provide a sense of depth. Use of the claimed
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`systems for capturing and viewing stereoscopic panoramic images and/or images that provide a
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`sense of depth by Sony and its customers, including purchasers and end users of the Accused
`
`Products, constitutes infringement, literally or under the doctrine of equivalents, of one or more
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`claims of the ’284 patent. As described herein, the components supplied by Sony, i.e., the
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`software and/or firmware modules of the Accused Products that provide the 3D Sweep Panorama
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`and/or Sweep Multi-Angle modes of the Accused Products, constitute material parts of the
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`claimed inventions of the ’284 patent.
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`56.
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`On information and belief, Sony actually knows, for the reasons described in
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`detail in paragraphs 46-52 and 55 above, that the components described in paragraph 55 are
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`especially made and/or especially adapted for use in infringing the ’284 patent because they are
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`components especially made and/or especially adapted for capturing and viewing stereoscopic
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`panoramic images. Moreover, these components are not staple articles of commerce suitable for
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`{00724668;v1 }
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`Case 1:12-cv-00398-GMS Document 27 Filed 02/21/13 Page 17 of 19 PageID #: 317
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`substantial noninfringing use at least because the combined 3D Sweep Panorama and/or Sweep
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`Multi-Angle modes software and/or firmware components have no use apart from capturing and
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`viewing stereoscopic panoramic images, as evidenced by Sony’s product literature referenced in
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`paragraph 53. The software and/or firmware modules of the Accused Products that in
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`combination provide the 3D Sweep Panorama and/or Sweep Multi-Angle modes are so use