to-point network communication devices that are covered by at least claims 1, 11 and 22 of the
`
`'704 Patent have been imported into the United States, sold for importation into the United States,
`
`or sold within the United States after importation by Respondent Panasonic. Pursuant to
`
`Commission Rule 210.12(a)(9)(x), Exhibit 26 contains photographs ofPanasonic's Viera TV
`
`device.
`
`b.
`
`Specific Instance of Sale and Importation
`
`~;~"(.
`103. On information and belief, Respondent Panasonic manufactures for
`
`importation into the United States, imports into the United States, andlor sells within the United
`
`States after importation the Viera TV device depicted in Exhibit 26. Pursuant to Commission
`
`Rule 210.12(a)(3), Exhibit 14 is a receipt from Amazon.com showing a sale ofPanasonic's Viera
`
`TV device within the United States. The Panasonic Viera TV device is marked as "Assembled
`
`in Mexico" as shown in the photograph contained in Exhibit 15. Thus, Panasonic is violating
`
`Section 337 of the Tariff Act of 1930 by directly infringing the '704 Patent by importing, andlor
`
`selling within the United States after importation the Viera TV device.
`
`Sharp
`
`a.
`
`Infringement
`
`104. On information and belief, Respondent Sharp is engaged in the
`
`manufacture for importation into the United States, the importation into the United States, the
`
`sale for importation into the United States, and/or the sale within the United States after
`
`importation into the United States of certain point-to-point network communications devices,
`
`including for example but without limitation, smartphone handsets, televisions, computers,
`
`tablets, mobile phones, and BIu-ray players that infringe literally or by equivalence at least
`
`claims 1, 11, 12, 19,22,23, and 30 of the '704 Patent.
`
`37
`
`SONY EXHIBIT 1012- Page 55
`
`55
`
`

`
`105. Complainant has obtained smartphone handsets and smart TV devices
`
`that, on information and belief, Sharp imported into and/or sold within the United States after
`
`importation, and that directly and/or indirectly infringe at least claims 1, 11, 12, 19,22,23, arid
`
`30 of the '704 Patent. On information and belief, at the time of importation of these devices,
`
`Sharp is directly infringing, contributorily infringing and/or inducing infringement of these
`
`claims of the '704 Patent.
`
`"':~i"
`106. On information and belief, Sharp has imported into the United States, and
`
`extensively sold within the United States after importation one or more products which, if used
`
`for their normal and intended purpose, lead to direct infringement by end users of the invention
`
`claimed in the '704 Patent. Sharp knows and intends that the products will be used in their
`
`ordinary and customary manner for their intended purpose, namely point-to-point network
`
`communications, as evidenced by at least product literature distributed with the imported devices
`
`by Sharp. At least as of the filing of this Complaint, Sharp has actual knowledge of the '704
`
`Patent. In addition to actual knowledge of the '704 Patent, at least as of the date of this
`
`Complaint, Sharp also has knowledge that use of its devices by consumers in the customary and
`
`intended manner is likely to infringe the '704 Patent. On information and belief, Sharp continues
`
`to import products into the United States and distribute product literature and website materials
`
`inducing consumers to use its products in the customary and intended manner which infringes
`
`the '704 Patent. Thus, on information and belief, Sharp is inducting infringement of the '704
`
`Patent.
`
`107. Pursuant to Commission Rule 21OJ2(a)(9)(viH),.ExbJbjL64 includ~s a.
`
`chart comparing independent claims 1, 11 and 22 of the '704 Patent to Sharp's FX Plus
`
`smartphone ("FX Plus") device. Exhibit 64 shows that the FX Plus device is covered by at least
`
`38
`
`SONY EXHIBIT 1012- Page 56
`
`56
`
`

`
`claims 1, 11 and 22 of the '704 Patent. Sharp's FX Plus device is a representative involved
`
`article under Commission Rule 21 O.l2(a)(9)(viii) because it practices the invention claimed in the
`
`'704 Patent in a similar manner as other Sharp devices. Complainant believes that numerous
`
`other point-to-point network communication devices that are covered by at least claims 1, 11 and
`
`22 of the '704 Patent have been imported into the United States, sold for importation into the
`
`United States, or sold within the United States after importation by Respondent Sharp. Pursuant
`":,~'"
`to Commission Rule ir0.12(a)(9)(x), Exhibit 64 contains photographs of Sharp's FX Plus
`
`device.
`
`b.
`
`Specific Instance of Sale and Importation
`
`108. On information and belief, Respondent Sharp manufactures for
`
`importation into the United States, imports into the United States, and/or sells within the United
`
`States after importation the FX Plus device depicted in Exhibit 64. Pursuant to Commission
`
`Rule 210.l2(a)(3), Exhibit 62 is a receipt from Amazon.com showing a sale of Sharp's FX Plus
`
`device within the United States. The Sharp FX Plus device is marked as "Made in China" as
`
`shown in the photograph contained in Exhibit 65. Thus, Sharp is violating Section 337 of the
`
`Tariff Act of 1930 by directly infringing the '704 Patent by importing, and/or selling within the
`
`United States after importation the FX Plus device.
`
`Sony
`
`a.
`
`Infringement
`
`. -
`
`109. On information and belief, Respondent Sony is engaged in the
`. .......
`.. . -
`....
`. -'-r: : : ~ ., •• ". .
`manufacture for importation into the United States, the importation into the United States, the
`
`,.:.0' , •• : ..... ~: ,~,
`
`.
`
`sale for importation into the United States, and/or the sale within the United States after
`
`importation of certain point-to-point network communications devices, including for example
`
`39
`
`SONY EXHIBIT 1012- Page 57
`
`57
`
`

`
`but without limitation, smartphone handsets, tablet computers, computers, smart TVs, Blu-ray
`
`players, gaming devices, set-top boxes, and VoIP phone systems that infringe literally or by
`
`equivalence at least claims 1, 11, 12, 19,22,23, and 30 of the '704 Patent.
`
`110. Complainant has obtained smartphone handset devices, tablet devices,
`
`smart TV devices, gaming console devices, and Wi-Fi enabled Blu-ray pla~er devices that, on
`
`information and belief, Sony imported into andlor sold within the United States after
`
`importation, and that ~f;ectlY andlor indirectly infringe at least claims 1, 11, 12, 19, 22, 23, and
`
`30 of the' 704 Patent. On information and belief, at the time of importation of these devices,
`
`Sony is directly infringing, contributorily infringing andlor inducing infringement of these claims
`
`of the '704 Patent.
`
`111. On information and belief, Sony has imported into the United States, and
`
`extensively sold one or more products after importation into the United States which, ifused for
`
`their normal and intended purpose, lead to direct infringement by end users of the invention
`
`claimed in the' 704 Patent. Sony knows and intends that the products will be used in their
`
`ordinary and customary manner for their intended purpose, namely point-to-point network
`
`communications, as evidenced by at least product literature distributed with the imported devices
`
`by Sony. At least as ofthe filing of this Complaint, Sony has actual knowledge of the '704
`
`Patent. In addition to actual knowledge of the '704 Patent, at least as of the date of this
`
`Complaint, Sony also has knowledge that use of its devices by consumers in the customary and
`
`intended manner is likely to infringe the '704 Patent. On information and belief, Sony continues
`
`to import products into the United States and distribute .product literature and website mat-er.ials-
`
`inducing consumers to use its products in the customary and intended manner which infringes
`
`40
`
`SONY EXHIBIT 1012- Page 58
`
`58
`
`

`
`the '704 Patent. Thus, on information and belief, Sony is inducing the infringement of the '704
`
`Patent.
`
`112. Pursuant to Commission Rule 210~12(a)(9)(viii), Exhibit 27 includes a
`
`chart comparing independent claims 1, 11 and 22 of the '704 Patent to Sony's PiayStation3
`
`devic~. Exhibit 27 shows that the PiayStation3 device is covered by at lea~t claims 1, 11 and 22
`
`of the '704 Patent. Sony's PiayStation3 device is a representative involved article under
`~; '~ ..
`
`Commission Rule 216:b(a)(9)(viii) because it practices the invention claimed in the '704 Patent
`
`in a similar manner as other Sony devices. Complainant believes that numerous other point-to-
`
`point network communication devices that are covered by at least claims 1, 11 and 22 of the '704
`
`Patent have been imported into the United States, sold for importation into the United States, or
`
`sold within the United States after importation by Respondent Sony. Pursuant to Commission
`
`Rule 210. 12(a)(9)(x), Exhibit 27 contains photographs of Sony's PiayStation3 device.
`
`b.
`
`Specific Instance of Sale and Importation
`
`113. On information and belief, Respondent Sony manufactures for importation
`
`into the United States, imports into the United States, and/o,r sells within the United States after
`
`importation the PiayStation3 device depicted in Exhibit 27. Pursuant to Commission Rule
`
`210.12(a)(3), Exhibit 17 is a receipt from Amazon.com showing a sale of Sony's PlayStation3
`
`device within the United States. The Sony PiayStation3 device is marked as "Made in China" as
`
`shown in the photograph contained in Exhibit 28. Thus, Sony is violating Section 337 of the
`
`Tariff Act of 1930 by directly infringing the '704 Patent by importing, and/or selling within the
`
`United States after importation the-Play-Station3 device.,·
`
`Toshiba
`
`a.
`
`Infringement
`
`41
`
`SONY EXHIBIT 1012- Page 59
`
`59
`
`

`
`114. On information and belief, Respondent Toshiba is engaged in the
`
`manufacture for importation into the United States, the importation, and/or the sale within the
`
`United States after importation, of certain point-to-point network communications devices and
`
`products containing same, including for example but without limitation, smartphone handsets,
`
`tablet computers, computers, smart TVs, Blu-ray players, set-top boxes, and VoIP phone systems
`
`that infringe literally ()~by equivalence at least claims 1, 11, 12, 19,22,23, and 30 of the '704
`
`Patent.
`
`~~~"
`
`115. Complainant has obtained tablet devices, smart TV devices, and Wi-Fi
`
`enabled Blu-ray player devices that, on information and belief, Toshiba imported into and/or sold
`
`within the United States after importation, and that directly and/or indirectly infringe at least
`
`claims 1, 11, 12, 19,22,23, and 30 of the '704 Patent. On information and belief, at the time of
`
`importation of these devices, Toshiba is directly infringing, contributorily infringing and/or
`
`inducing infringement of these claims of the '704 Patent.
`
`116. On information and belief, Toshiba has imported into the United States,
`
`and extensively sold in the United States after importation one or more products which, if used
`
`for their normal and intended purpose, lead to direct infringement by end users of the invention
`
`claimed in the '704 Patent. Toshiba knows and intends that the products will be used in their
`
`ordinary and customary manner for their intended purpose, namely point-to-point network
`
`communications, as evidenced by at least product literature distributed with the imported devices
`
`by Toshiba. At least as of the filing of this Complaint, Toshiba has actual knowledge of the '704
`
`••• ~ ••
`
`,_0' ,
`
`. Patent. In,addition to,.actual knowledge, 0£,the/704 Patent, at least as. o(the ,date of this ,
`
`Complaint, Toshiba also has knowledge that use of its devices by consumers in the customary
`
`and intended manner is likely to infringe the '704 Patent. On information and belief, Toshiba
`
`42
`
`SONY EXHIBIT 1012- Page 60
`
`60
`
`

`
`continues to import products into the United States and distribute product literature and website
`
`materials inducing consumers to use its products in the customary and intended manner which
`
`infringes the '704 Patent. Thus, on information and belief, Toshiba is inducting the infringement . '-,-
`
`of the '704 Patent.
`
`117. Pursuant to Commission Rule 210.l2(a)(9)(viii), Exhibit 29 includes a
`
`chart comparing independent claims 1, 11 and 22 of the '704 Patent to Toshiba's Excite 10 SE
`Tablet device. Exhibii~29 shows that the Excite 10 SE Tablet device is covered by at least claims
`
`1, 11 and 22 of the '704 Patent. Toshiba's 10 SE Tablet device is a representative involved
`
`article under Commission Rule 210.12(a)(9)(viii) because it practices the invention claimed in the
`
`'704 Patent in a similar manner as other Toshiba devices. Complainant believes that numerous
`
`other point-to-point network communication devices that are covered by at least claims 1, 11 and
`
`22 of the '704 Patent have been imported into the United States, sold for importation into the
`
`United States, or sold within the United States after importation by Respondent Toshiba.
`
`Pursuant to Commission Rule 210.12(a)(9)(x), Exhibit 29 contains photographs of Toshiba's
`
`Excite 10 SE Tablet device.
`
`b.
`
`Specific Instance of Sale and Importation
`
`118. On information and belief, Respondent Toshiba imports into and/or sells
`
`within the United States after importation the Excite 10 SE Tablet device depicted in Exhibit 29.
`
`Pursuant to Commission Rule 210.12(a)(3), Exhibit 20 is a receipt from ToshibaDirect.com
`
`showing a sale of Toshiba's Excite 10 SE Tablet device within the United States. The Toshiba
`
`~..:--< .-
`
`Excite 10 SE Tablet device is marked as "Made in China" as shown ·inthe photograph'centained-· . . '. _ . . .... -... .
`
`in Exhibit 21. Thus, Toshiba is violating Section 337 ofthe Tariff Act of 1930 by directly
`
`43
`
`SONY EXHIBIT 1012- Page 61
`
`61
`
`

`
`infringing the '704 Patent by importing, and/or selling within the United States after importation
`
`the Excite 10 SE Tablet device.
`
`Vizio
`
`a.
`
`Infringement
`
`119. On information and belief, Respondent Vizio is engaged in the
`
`manufacture for importation into the United States, the importation into the United States, and/or
`...... _ ... "
`the sale within the Unlr~d States after importation, of certain point-to-point network
`
`communications devices and products containing same, including for example but without
`
`limitation, smartphone handsets, tablet computers, computers, smart TV s, Blu-ray players, and
`
`set-top boxes that infringe literally or by equivalence at least claims 1, 11, 12, 19,22,23, and 30
`
`of the '704 Patent.
`
`120. Complainant has obtai'ned smart TV devices, and streaming set-top box
`
`devices that, on information and belief, Vizio imported into and/or sold within the United States
`
`after importation, and that directly and/or indirectly infringe at least claims 1, 11, 12, 19,22,23,
`
`and 30 of the '704 Patent. On information and belief, at the time of importation of these devices,
`
`Vizio is directly infringing, contributorily infringing and/or inducing infringement of these
`
`claims of the '704 Patent.
`
`121. On infOlmation and belief, Vizio has imported into the United States, and
`
`extensively sold within the United States after importation one or more products which, if used
`
`for their normal and intended purpose, lead to direct infringement by end users of the invention
`
`claimed in the '704 Paten,t. ,Vizio l<nows., apq, ,~}ltynds .tha,tJhS<.pr9.d1J.~t~, w.iU,,~.e ,us~QjJ) their '"
`
`', .,"., .. '. '." •. :,_ .
`
`ordinary and customary manner for their intended purpose, namely point-to-point network
`
`communications, as evidenced by at least product literature distributed with the imported devices
`
`by Vizio. At least as of the filing of this Complaint, Vizio has actual knowledge of the '704
`
`44
`
`SONY EXHIBIT 1012- Page 62
`
`62
`
`

`
`Patent. In addition to actual knowledge ofthe '704 Patent, at least as ofthe date of this
`
`Complaint, Vizio also has knowledge that use of its devices by consumers in the customary and
`
`intended manner is likely to infringe the '704 Patent. On information and belief, Vizio continues
`
`to import products into the United States and distribute product literature and website materials
`
`inducing consumers to use its products in the customary and intended manner which infringes
`
`the '704 Patent. Thus, on information and belief, Vizio is inducting the infringement of the '704
`
`Patent.
`
`122. Pursuant to Commission Rule 21 0.12(a)(9)(viii), Exhibit 30 includes a
`
`chait comparing independent claims 1, 11 and 22 of the '704 Patent to Vizio's E-Series Smart
`
`TV device. Exhibit 30 shows that the E-Series Smart TV device is covered by at least claims 1,
`
`11 and 22 of the '704 Patent. Vizio's E-Series Smart TV device is a representative involved
`
`article under Commission Rule 21 O.l2(a)(9)(viii) because it practices the invention claimed in the
`
`'704 Patent in a similar manner as other Vizio devices. Complainant believes that numerous other
`
`point-to-point network communication devices that are covered by at least claims 1, 11 and 22 of
`
`the '704 Patent have been imported into the United States, s?ld for importation into the United
`
`States, or sold within the United States after importation by Respondent Vizio. Pursuant to
`
`Commission Rule 210.12(a)(9)(x), Exhibit 30 contains photographs ofVizio's E-Series Smart
`
`TV device.
`
`b.
`
`Specific Instance of Sale and Importation
`
`123. On information and belief, Respondent Vizio imports into the United
`
`"
`
`States and/or sells within the-'United States after importation the E-Series-Smart TV device
`
`::" :_ ... -""'.'I-'_'.~'
`
`depicted in Exhibit 30. Pursuant to Commission Rule 210.l2(a)(3), Exhibit 23 is a receipt from
`
`Amazon.com showing a sale ofVizio's LED Smart TV device within the United States. The
`
`45
`
`SONY EXHIBIT 1012- Page 63
`
`63
`
`

`
`Vizio E-Series Smart TV device is marked as "Assembled in Mexico" as shown in the
`
`photograph contained in Exhibit 24. Thus, Vizio is violating Section 337 of the Tariff Act of
`
`1930 by directly infringing the '704 Patent by importing, andlor selling within the United States
`
`after importation the E-Series Smart TV device.
`
`C.
`
`Infringement of the '121 Patent
`
`LG
`
`a.
`
`Infringement
`
`124. On information and belief, Respondent LG is engaged in the manufacture
`
`for importation into the United States, the importation into the United States, andlor the sale
`
`within the United States after importation, of certain point-to-point network communications
`
`devices and products containing same, including for example but without limitation, smartphone
`
`handsets, tablet computers, computers, smart TVs, Blu-ray players, and set-top boxes that
`
`infringe literally or by equivalence at least claims 6 and 13 of the' 121 Patent.
`
`125. Complainant has obtained smartphone handset devices, smart TV devices,
`
`and Wi-Fi enabled Blu-ray player devices that, on information and belief, LG imported into
`
`andlor sold within the United States after importation, and that directly andlor indirectly infringe
`
`at least claims 6 and 13 of the '121 Patent. On information and belief, at the time of importation
`
`of these devices, LG is directly infringing, contributorily infringing andlor inducing infringement
`
`of these claims of the' 121 Patent.
`
`126. On information and belief, LG has imported into the United States and
`
`ex.~sg~iyely sold within the United States after im£~~ati<?~ one, or}1}~re..Br.??}!~t.s.,yv~~"~~,,~Y~~.~ , ... , __ .
`
`for their normal and intended purpose, lead to direct infringement by end users of the invention
`
`claimed in the' 121 Patent. LG knows and intends that the products will be used in their
`
`ordinary and customary manner for their intended purpose, namely point-to-point network
`
`46
`
`SONY EXHIBIT 1012- Page 64
`
`64
`
`

`
`communications, as evidenced by at least product literature distributed with the imported devices
`
`by LG. At least as of the filing of this Complaint, 2013, LG has actual knowledge of the '121
`
`Patent. In addition to actual knowledge of the '121 Patent, at least as of the date of this
`
`Complaint, LG also has knowledge that use of its devices by consumers in the customary and
`
`inten~ed manner is likely to infringe the' 121 Patent. On infonnation and belief, LG continues to
`.
`-
`import products into the United States and distribute product literature and website materials
`-it.;';~,
`
`inducing consumers t~""use its products in the customary and intended manner which infringes
`
`the' 121 Patent. Thus, on information and belief, LG is inducting the infringement of the' 121
`
`Patent.
`
`127. Pursuant to Commission Rule 21 O.l2(a)(9)(viii), Exhibit 31 includes a
`
`chart comparing independe!lt claims 6 and 13 of the '121 Patent to LG's Optimus G device.
`
`Exhibit 31 shows that the Optimus G device is covered by at least claims 6 and 13 of the' 121
`
`Patent. LG's Optirnus G device is a representative involved article under Commission Rule
`
`210.l2(a)(9)(viii) because it practices the invention claimed in the '121 Patent in a similar manner
`
`as other LG devices. Complainant believes that numerous other point-to-point network
`
`communication devices that are covered by at least claims 6 and 13 of the' 121 Patent have been
`
`imported into the United States, sold for importation into the United States, or sold within the
`
`United States after importation by Respondent LG. Pursuant to Commission Rule
`
`210.l2(a)(9)(x), Exhibit 31 contains photographs ofLG's Optimus G device.
`
`b.
`
`Specific Instance of Sale and Importation
`
`- .
`
`,~ ,
`
`.< 128;
`
`'" ON information and-belief; Respcmdent LG-imports ini0·and/.or:sells within
`
`the United States after importation the Optimus G device depicted in Exhibit 31. Pursuant to
`
`Commission Rule 210.l2(a)(3), Exhibit 11 is a receipt from Amazon.com showing a sale of
`
`47
`
`SONY EXHIBIT 1012- Page 65
`
`65
`
`

`
`LG's Optimus G device within the United States. The LG Optimus G device is marked as
`
`"Made in Korea" as shown in the photograph contained in Exhibit 12. Thus, LG is violating
`
`Section 337 of the Tariff Act of 1930 by directly infringing the '121 Patent by importing, and/or
`
`selling within the United States after importation the Optimus G device.
`
`Panasonic
`
`a.
`Infringement
`~:6~ information and belief, Respondent Panasonic is engaged in the
`
`129.
`
`manufacture for importation into the United Sates, the importation into the United Sates, and/or
`
`the sale within the United States after importation, of certain point-to-point network
`
`communications devices and products containing same, including for example but without
`
`limitation, smartphone handsets, tablet computers, computers, smart TVs, Blu-ray players, set-
`
`top boxes, and VoIP phone systems that infringe literally or by equivalence at least claims 6 and
`
`13 of the '121 Patent.
`
`130. Complainant has obtained smart TV devices, and Wi-Fi enabled Blu-ray
`
`player devices that, on information and belief, Panasonic imported into and/or sold within the
`
`United States after importation, and that directly and/or indirectly infringe at least claims 6 and
`
`13 of the' 121 Patent. On information and belief, at the time of importation of these devices,
`
`Panasonic is directly infringing, contributorily infringing and/or inducing infringement of these
`
`claims of the '121 Patent.
`
`131. On information and belief, Panasonic has imported into the United States
`
`,. aIld extensivc:ly sold in the Uni.ted. S,t~tes after importation on~ Qr w~)[e produc.~s which, if used
`
`for their normal and intended purpose, lead to direct infringement by end users of the invention
`
`claimed in the' 121 Patent. Panasonic knows and intends that the products will be used in their
`
`ordinary and customary manner for their intended purpose, namely point-to-point network
`
`48
`
`SONY EXHIBIT 1012- Page 66
`
`66
`
`

`
`communications, as evidenced by at least product literature distributed with the imported devices
`
`by Panasonic. At least as of the filing of this Complaint, Panasonic has actual knowledge of the
`
`'121 Patent. In addition to actual knowledge of the '121 Patent, at least as of the date of thIs
`
`Complaint, Panasonic also has knowledge that use of its devices by consumers in the customary
`
`and intended manner is likely to infringe the' 121 Patent. On information and belief, Panasonic
`
`continues to import products into the United States and distribute product literature and website
`materials inducing co~~mers to use its products in the customary and intended manner which
`infringes the' 121 Patent. Thus, on information and belief, Panasonic induces the infringement
`
`the '121 Patent.
`
`132. Pursuant to Commission Rule 210.12(a)(9)(viii), Exhibit 32 includes a
`
`chart comparing independent claims 6 and 13 of the '121 Patent to Panasonic's 42" Viera TV
`
`device. Exhibit 32 shows that the Viera TV device is covered by at least claims 6 and 13 ofthe
`
`'121 Patent. Panasonic's Viera TV device is a representative involved article under Commission
`
`Rule 210.12(a)(9)(viii) because it practices the invention claimed in the' 121 Patent in a similar
`
`manner as other Panasonic devices. Complainant believes that numerous other point-to-point
`
`network communication devices that are covered by at least claims 6 and 13 of the '121 Patent
`
`have been imported into the United States, sold for importation into the United States, or sold
`
`within the United States after importation by Respondent Panasonic. Pursuant to Commission
`
`Rule 210.l2(a)(9)(x), Exhibit 32 contains photographs ofPanasonic's Viera TV device.
`
`b.
`
`Specific Instance of Sale and Importation
`
`133." .. On information and belief, Respondent Panasonicimports into-and-l<wseUs" " "-"
`
`within the United States after importation the Viera TV device depicted in Exhibit 32. Pursuant
`
`to Commission Rule 210.12(a)(3), Exhibit 14 is a receipt from Amazon.com showing a sale of
`
`49
`
`SONY EXHIBIT 1012- Page 67
`
`67
`
`

`
`Panasonic's Viera TV device within the United States. The Panasonic Viera TV device is
`
`marked as "Assembled in Mexico" as shown in the photograph contained in Exhibit 15. Thus,
`
`Panasonic is violating Section 337 of the Tariff Act of 1930 by directly infringing the' 121
`
`Patent by importing, and/or selling within the United States after importation the Viera TV
`
`device.
`
`Sharp
`
`a.
`
`Infringement
`
`134. On information and belief, Respondent Sharp is engaged in the
`
`manufacture for importation into the United Sates, the importation into the United Sates, and/or
`
`the sale within the United States after importation, of certain point-to-point network
`
`communications devices and products containing same, including for example but without
`
`limitation, smartphone handsets, televisions, computers, tablets, mobile phones, and BIu-ray
`
`players that infringe literally or by equivalence at least claims 6 and 13 of the '121 Patent.
`
`135. Complainant has obtained smartphone handsets and smart TV devices,
`
`that, on information and belief, Sharp imported into and/or sold within the United States after
`
`importation, and that directly and/or indirectly infringe at least claims 6 and 13 of the' 121
`
`Patent. On information and belief, at the time of importation of these devices, Sharp is directly
`
`infringing, contributorily infringing and/or inducing infringement of these claims of the '121
`
`Patent.
`
`136. On information and belief, Sharp has imported into the United States and
`
`extensively sold inJhe United States .afte.r. importgtion iptQJhe. United Stti.tes one or more . . _ '.
`
`products which, if used for their normal and intended purpose, lead to direct infringement by end
`
`users of the invention claimed in the' 121 Patent. Sharp knows and intends that the products will
`
`be used in their ordinary and customary manner for their intended purpose, namely point-to-point
`
`50
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`SONY EXHIBIT 1012- Page 68
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`68
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`

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`network communications, as evidenced by at least product literature distributed with the
`
`imported devices by Sharp. At least as of the filing of this Complaint, Sharp has actual
`
`knowledge of the '121 Patent. In addition to actual knowledge of the '121 Patent, at least as of
`
`the date of this Complaint, Sharp also has knowledge that use of its devices by consumers in the
`
`customary and intended manner is likely to infringe the' 121 Patent. On infonnation and belief,
`
`Sharp continues to import products into the United States and distribute product literature and
`-...,~ ..
`. ~-
`website materials indlicing consumers to use its products in the customary and intended manner
`
`which infringes the' 121 Patent. Thus, on infonnation and belief, Sharp induces the
`
`infringement the' 121 Patent.
`
`137.
`
`Pursuant to Commission Rule 210.l2(a)(9)(viii), Exhibit 66 includes a
`
`chart comparing independent claims 6 and 13 of the '121 Patent to Sharp's LC-60LE650U
`
`Aquos LED TV 42" device ("Aquos LED TV"). Exhibit 66 shows that the Aquos LED TV
`
`device is covered by at least claims 6 and 13 of the '121 Patent. Sharp's Aquos LED TV device
`
`is a representative involved article under Commission Rule 210.l2(a)(9)(viii) because it practices
`
`the invention claimed in the' 121 Patent in a similar manner as other Sharp devices. Complainant
`
`I
`believes that numerous other point-to-point network communication devices that are covered by
`
`at least claims 6 and 13 of the' 121 Patent have been imported into the United States, sold for
`
`importation into the United States, or sold within the United States after importation by
`
`Respondent Sharp. Pursuant to Commission Rule 21 O.l2(a)(9)(x), Exhibit 66 contains
`
`photographs of Sharp's Aquos LED TV device.
`
`i · ·~
`
`"" - _ .
`
`b:
`
`' Spedfic Instance of Sale and Importation
`
`138. On information and belief, Respondent Sharp imports into and/or sells
`
`within the United States after importation the Aquos LED TV device depicted in Exhibit 66.
`
`51
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`SONY EXHIBIT 1012- Page 69
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`69
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`

`
`Pursuant to Commission Rule 210.12(a)(3), Exhibit 62 is a receipt from Amazon.com showing a
`
`sale of Sharp's Aquos LED TV device within the United States. The Sharps Aquos LED TV
`
`device is marked as "Made in Mexico" as shown in the photograph contained in Exhibit 63.
`
`Thus, Sharp is violating Section 337 of the Tariff Act of 1930 by directly infringing the' 121
`
`Patent by importing, and/or selling within the United States after importatio.n the Aquos LED TV
`
`device.
`
`-"'~M
`... 1::: ...
`"Sony
`
`a.
`
`Infringement
`
`139. On information and belief, Respondent Sony is engaged in the
`
`manufacture for importation into the United States, the importation into the United States, and/or
`
`the sale within the United States after importation, of certain point-to-point network
`
`communications devices and products containing same, including for example but without
`
`limitation, smartphone handsets, tablet computers, computers, smart TVs, Blu-ray players,
`
`gaming devices, set-top boxes, and VoIP phone systems that infringe literally or by equivalence
`
`at least claims 6 and 13 of the' 121 Patent.
`
`140. Complainant has obtained smartphone handset devices, tablet devices,
`
`smart TV devices, gaming console devices, and Wi-Fi enabled BIu-ray player devices that, on
`
`information and belief, Sony imported into and/or sold within the United States after
`
`importation, and that directly and/or indirectly infringe at least claims 6 and l3 of the '121
`
`Patent. On information and belief, at the time of importation of these devices, Sony is directly
`
`infringing, contributorily infringing and/or inducing infringement of these c;lajms ofthe '141-, __ . "',,"'',,'''' ,, __ ," __
`
`Patent.
`
`141. On information and belief, Sony has imported and extensively sold one or
`
`more products which, if used for their normal and intended purpose, lead to direct infringement
`
`52
`
`SONY EXHIBIT 1012- Page 70
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`70
`
`

`
`by end users of the invention claimed in the' 121 Patent. Sony knows and intends that the
`
`products will be used in their ordinary and customary manner for their intended purpose, namely
`
`point-to-point network communications, as evidenced by at least product literature distributed
`
`with the imported devices by Sony. At least as of the filing of this Complaint, Sony has actual
`
`knowledge of the '121 Patent. In addition to actual knowledge of the '121 Patent, at least as of
`
`the date of this Complaint, Sony also has knowledge that use of its devices by consumers in the
`~~::.
`customary and intend~d manner is likely to infringe the '121 Patent. On information and belief,
`
`Sony continues to import products into the United States and distribute product literature and
`
`website materials inducing consumers to use its products in the customary