Case 2:13-cv-00379 Document 1 Filed 05/06/13 Page 1 of 23 PageID #: 1
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`BLACK HILLS MEDIA, LLC
` Plaintiff,
` v.
`
`SAMSUNG ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG TELECOMMUNICATIONS
`AMERICA, LLC
` Defendants.
`
`
`
`
`
`Civil Action No. 2:13cv379
`JURY TRIAL DEMANDED
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`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Plaintiff Black Hills Media, LLC (“Black Hills” or “Plaintiff”) in support of its
`
`Complaint against Samsung Electronics Co. Ltd., Samsung Electronics America, Inc. and
`Samsung Telecommunications America, LLC (collectively, “Samsung” or “Defendants”) states
`and alleges as follows:
`
`
`THE PARTIES
`
`1.
`Plaintiff, Black Hills, is a privately held Delaware limited liability company with
`a principal place of business at 1000 N. West St., Wilmington, Delaware and business offices at
`7011 Fayetteville Road, Durham, North Carolina.
`2.
`Defendants, Samsung Electronics Co. Ltd., Samsung Electronics America, Inc.
`and Samsung Telecommunications America, LLC are an interrelated group of companies.
`3.
`Samsung Electronics Co. Ltd. (“Samsung Electronics”) is a foreign corporation
`having a principal place of business at 1320-10, Seocho 2-dong Seocho-gu, Seoul, South Korea.
`
`BHM 2003
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`4.
`Samsung Electronics America, Inc. (“Samsung America”) is a wholly owned
`subsidiary of Samsung Electronics. It is a New York corporation with a principal place of
`business at 105 Challenger Road, Ridgefield Park, New Jersey.
`5.
`Samsung Telecommunications America, LLC (“Samsung Telecommunications”)
`is a subsidiary of Samsung America with an ultimate parent of Samsung Electronics. It is a
`Delaware limited liability company with a principal place of business located within this
`judicial district at 1301 East Lookout Drive, Richardson, Texas.
`
`JURISDICTION AND VENUE
`
`6.
`This is an action for patent infringement under the patent laws of the United
`States, 35 U.S.C. §§271 and 281-285. This Court has subject matter jurisdiction pursuant to 28
`U.S.C. §1331 and 1338(a).
`7.
`Personal jurisdiction over Defendants exists at least because Defendants have
`committed and continue to commit acts of patent infringement in this district as alleged in this
`Complaint and Defendant, Samsung Telecommunications resides in this state.
`8.
`Venue is proper under 28 U.S.C. §§1391(b), 1391(c) and 1400(b).
`
`BACKGROUND
`
`9.
`Black Hills, through assignment, owns all of the rights and interests in the United
`States Patent Nos. 8,028,323 (“the '323 Patent”); 8,214,873 (“the '873 Patent”); 8,230,099 (“the
`'099 Patent”); 8,045,952 (“the '952 Patent”); 8,050,652 (“the '652 Patent”); 7,835,689 (“the ‘689
`Patent”); 7,917,082 (“the ‘082 Patent”); 6,618,593 (“the '593 Patent”); and 6,108,686 (“the ‘686
`Patent”) (collectively, the “Patents in Suit.”).
`10. The ‘323 Patent is entitled “Method and System for Employing a First Device to
`Direct a Networked Audio Device to Obtain a Media Item.” The '323 patent names Martin Weel
`as the inventor and was issued on September 27, 2011, after a full and fair examination. A true
`and accurate copy of the '323 patent is attached as Exhibit A.
`11. The '873 Patent is entitled “Method, System and Computer-Readable Medium for
`Employing a First Device to Direct a Networked Audio Device to Render a Playlist” The '873
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`patent names Martin Weel as the inventor and was issued on July 3, 2012, after a full and fair
`examination. A true and accurate copy of the ‘873 patent is attached as Exhibit B.
`12. The '099 Patent is entitled “System and Method for Sharing Playlists.” The '099
`patent names Martin Weel as the inventor and was issued on July 24, 2012, after a full and fair
`examination. A true and accurate copy of the ‘099 Patent is attached as Exhibit C.
`13. The '952 Patent is entitled “Method and Device for Obtaining Playlist Content
`Over a Network.” The '952 Patent names Safi Qureshey and Daniel D. Sheppard as inventors
`and was issued on October 25, 2011, after a full and fair examination. A true and accurate copy
`of the ‘952 Patent is attached as Exhibit D.
`14. The '652 Patent is entitled “Method and Device for an Internet Radio Capable of
`Obtaining Playlist Content from a Content Server.” The '652 Patent names Safi Qureshey and
`Daniel D. Sheppard as inventors and was issued on November 1, 2011, after a full and fair
`examination. A true and accurate copy of the ‘652 Patent is attached as Exhibit E.
`15. The ‘689 Patent is entitled “Distribution of Music between Members of a Cluster
`of Mobile Audio Devices and a Wide Area Network.” The ‘689 Patent names David A.
`Goldberg, Martha Goldberg, Miriam Goldberg, and Benjamin Goldberg as the inventors and
`was issued on November 16, 2010, after a full and fair examination. A true and accurate copy
`of the ‘689 Patent is attached as Exhibit F.
`16. The ‘082 Patent is entitled “Method and Apparatus for Creating and Managing
`Clusters of Mobile Audio Devices.” The ‘082 Patent names David Goldberg, Benjamin
`Goldberg, Martha Goldberg, Miriam Goldberg, and Neil Simon as the inventors and was issued
`on March 29, 2011, after a full and fair examination. A true and accurate copy of the ‘082
`Patent is attached as Exhibit G.
`17. The ‘593 Patent is entitled “Location Dependent User Matching System.” The
`'593 patent names Charles Drutman, Darlene Drutman, Andrew Egendorf, Norton Greenfeld,
`and Eugene Pettinelli as the inventors and was issued on September 9, 2003, after a full and fair
`examination. A true and accurate copy of the ‘593 Patent is attached as Exhibit H.
`18. The ‘686 Patent is entitled “Agent-Based On-line Information Retrieval and
`Viewing System.” The ‘686 Patent names Henry R. Williams, Jr. as the inventor and was
`issued on August 22, 2000, after a full and fair examination. A true and accurate copy of the
`‘686 Patent is attached as Exhibit I.
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`19. Upon information and belief, Defendants make, use, offer to sell, sell and import
`into the United States, including within the Eastern District of Texas, digital media devices
`including without limitation digital televisions, Blu-ray disc players, home theater systems,
`tablets and mobile telephones (“Accused Products”) that infringe one or more claims of the
`Patents in Suit.
`
`
`COUNT I
`INFRINGEMENT OF THE ‘323 PATENT
`
`20. Plaintiff incorporates each of the preceding paragraphs as if fully set forth herein.
`21. Defendants are directly and/or indirectly infringing one or more of the claims of
`the ‘323 Patent literally, and/or under the doctrine of equivalents, by importing into the United
`States and/or making, using, selling, or offering for sale in the United States, including the
`Eastern District of Texas, the Accused Products.
`22. Exemplary infringing products for this patent include mobile phones, tablets,
`televisions, Blu-Ray players, and home theater systems compatible with AllShare, DIAL, or
`other media sharing protocols. For example, these products include the Galaxy S IV, Galaxy S
`III, Galaxy Note II, Galaxy Tab 2 10.1, BD-F7500, BDF5900, BD-F5100, HT-E6730W/ZA,
`HT-E6500W/ZA, LN55C750R2FXZA, UN55F8000BFXZA, UN55F6300AFXZA, and
`PN60F8500AF and other products with similar functionality.
`23. As a developer, designer, maker and distributor of these products, as well as a
`holder of a significant patent portfolio in this field, Defendants knew or should have known that
`their products infringed on one or more claims of the ‘323 Patent. Should Defendants contend
`that they did not have prior notice of these patents, Defendants have notification of their
`infringement of the ‘323 Patent by the filing and service of this complaint.
`24. Defendants’ inducement of infringement of the ‘323 Patent includes, but is not
`limited to, actively encouraging and instructing third parties to use Defendants’ products in
`ways that infringe the ‘323 Patent, including sharing media from a playlist across devices using
`AllShare, DIAL, and/or other similar media sharing protocols. Defendants’ products are
`imported, marketed, offered for sale sold and/or used in the United States. Defendants
`vigorously promote, market, advertise and ship the Accused Products along with on screen
`display menus, directions, demonstrations, guides, manuals, training for use, user prompts,
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`product and user manuals and other materials that are specifically intended to direct, cause,
`urge, encourage and facilitate others to perform acts of infringement of the ‘323 patent. These
`actions by Defendants are intended specifically to cause (and have caused) users, including end
`users in the Eastern District of Texas, to directly infringe the relevant claims.
`25. Examples of instructions to cause infringement can be found at the following web
`links and documents, which are on information and belief maintained by Defendant:
`- http://www.samsung.com/us/video/blu-ray-dvd/BD-D5300/ZA-specs#
`- http://www.samsung.com/us/video/blu-ray-dvd/BD-E6500/ZA-specs#
`- http://www.samsung.com/us/news/newsRead.do?news_seq=20078
`- http://www.samsung.com/us/video/tvs/UN50ES6150FXZA-specs#
`- http://www.samsung.com/us/video/home-theater/HT-E6500W/ZA-specs#
`- http://support-us.samsung.com/spsn/search_result.jsp?keywords=allshare
`- http://www.youtube.com/watch?v=lPLs4KvnyQ0
`- http://www.youtube.com/watch?v=9EaYojtXFaU&noredirect=1
`26. Defendants knew or should have known that its encouragement and instructions
`to third parties would result in infringement of the ‘323 Patent by those third parties, including
`end users in the Eastern District of Texas. Defendants are thus liable for inducing infringement
`of the ‘323 Patent pursuant to 35 U.S.C. §271(b).
`27. This infringement by Defendants of the ‘323 Patent has injured Black Hills and
`will cause irreparable injury and damage in the future unless Defendants are enjoined from
`infringing the ‘323 Patent.
`28. Black Hills reserves its rights to take discovery as to the extent of Defendants’
`pre-suit knowledge of the ‘323 Patent and to allege pre-suit willfulness. Defendants’ continued
`infringement of the ‘323 Patent is willful infringement.
`
`COUNT II
`INFRINGEMENT OF THE ‘873 PATENT
`
`29. Plaintiff incorporates by reference each of the preceding paragraphs as if set forth
`fully herein.
`30. Defendants are directly and/or indirectly infringing one or more of the claims of
`the ‘873 Patent literally, or under the doctrine of equivalents, by importing into the United
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`States and/or making, using, selling, or offering for sale in the United States, including the
`Eastern District of Texas, the Accused Products.
`31. Exemplary infringing products for this patent include mobile phones, tablets,
`televisions, Blu-Ray players, and home theater systems compatible with AllShare, DIAL, or
`other media sharing protocols. For example, these products include the Galaxy S IV, Galaxy S
`III, Galaxy Note II, Galaxy Tab 2 10.1, BD-F7500, BDF5900, BD-F5100, HT-E6730W/ZA,
`HT-E6500W/ZA, LN55C750R2FXZA, UN55F8000BFXZA, UN55F6300AFXZA, and
`PN60F8500AF and other products with similar functionality.
`32. The ‘873 Patent is a continuation of U.S. Patent 8,028,038 (the ‘038 Patent).
`Prior to this suit, the U.S.P.T.O. expressly put Defendants’ patent attorneys on notice of the
`‘038 Patent. On information and belief, Defendants also learned of the ‘873 Patent.
`33.
`In addition, as a developer, designer, maker and distributor of these products, as
`well as a holder of a significant patent portfolio in this field, Defendants knew or should have
`known that their products infringed on one or more claims of the ‘873 Patent. Should
`Defendants contend that they did not have prior notice of these patents, Defendants have
`notification of their infringement of the ‘873 Patent by the filing and service of this complaint.
`34. Defendants’ inducement of infringement of the ‘873 Patent includes, but is not
`limited to, actively encouraging and instructing third parties to use Defendants’ products in
`ways that infringe the ‘873 Patent, including sharing media from a playlist across devices using
`AllShare, DIAL, and/or other similar media sharing protocols. Defendants’ products are
`imported, marketed, used, offered for sale and/or sold in the United States. Defendants
`vigorously promote, market, advertise and ship the Accused Products along with on screen
`display menus, directions, demonstrations, guides, manuals, training for use, user prompts,
`product and user manuals and other materials that are specifically intended to direct, cause,
`urge, encourage and facilitate others to perform acts of infringement of the ‘873 patent. These
`actions by Defendants are intended specifically to cause users, including end users in the
`Eastern District of Texas, to directly infringe the relevant claims.
`35. Examples of instructions to cause infringement can be found at the following web
`links and documents, which are on information and belief maintained by Defendant:
`- http://www.samsung.com/us/video/blu-ray-dvd/BD-D5300/ZA-specs#
`- http://www.samsung.com/us/video/blu-ray-dvd/BD-E6500/ZA-specs#
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`- http://www.samsung.com/us/news/newsRead.do?news_seq=20078\
`- http://www.samsung.com/us/video/tvs/UN50ES6150FXZA-specs#\
`- http://www.samsung.com/us/video/home-theater/HT-E6500W/ZA-specs#
`- http://support-us.samsung.com/spsn/search_result.jsp?keywords=allshare
`- http://www.youtube.com/watch?v=lPLs4KvnyQ0
`- http://www.youtube.com/watch?v=9EaYojtXFaU&noredirect=1
`36. Defendants knew or should have known that its encouragement and instructions
`to third parties would result in infringement of the ‘873 Patent by those third parties, including
`end users in the Eastern District of Texas. Defendants are thus liable for inducing infringement
`of the ‘873 Patent pursuant to 35 U.S.C. §271(b).
`37. This infringement by Defendants of the ‘873 Patent has injured Black Hills and
`will cause irreparable injury and damage in the future unless Defendants are enjoined from
`infringing the ‘873 Patent.
`38. On information and belief, Defendants post-knowledge infringement of the ‘873
`Patent has been willful.
`
`COUNT III
`INFRINGEMENT OF THE ‘099 PATENT
`
`39. Plaintiff incorporates by reference each of the preceding paragraphs as if set forth
`fully herein.
`40. Defendants are directly and/or indirectly infringing one or more of the claims of
`the ‘099 Patent literally, or under the doctrine of equivalents, by importing into the United
`States and/or making, using, selling, or offering for sale in the United States, including the
`Eastern District of Texas, the Accused Products.
`41. Exemplary infringing products for this patent include mobile phones, tablets,
`televisions, Blu-Ray players, and home theater systems compatible with AllShare, DIAL, or
`other media sharing protocols. For example, these products include the Galaxy S IV, Galaxy S
`III, Galaxy Note II, Galaxy Tab 2 10.1, BD-F7500, BDF5900, BD-F5100, HT-E6730W/ZA,
`HT-E6500W/ZA, LN55C750R2FXZA, UN55F8000BFXZA, UN55F6300AFXZA, and
`PN60F8500AF and other products with similar functionality.
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`42. As a developer, designer, maker and distributor of these products, as well as a
`holder of a significant patent portfolio in this field, Defendants knew or should have known that
`their products infringed on one or more claims of the ‘099 Patent. Should Defendants contend
`that they did not have prior notice of these patents, Defendants have notification of their
`infringement of the ‘099 Patent by the filing and service of this complaint.
`43. Defendants’ inducement of infringement of the ‘099 Patent includes, but is not
`limited to, actively encouraging and instructing third parties to use Defendants’ products in
`ways that infringe the ‘099 Patent, including sharing media from a playlist across devices using
`AllShare, DIAL, and/or other similar media sharing protocols. Defendants’ products are
`imported, used, marketed, offered for sale and/or sold in the United States. Defendants
`vigorously promote, market, advertise and ship the Accused Products along with on screen
`display menus, directions, demonstrations, guides, manuals, training for use, user prompts,
`product and user manuals and other materials that are specifically intended to direct, cause,
`urge, encourage and facilitate others to perform acts of infringement of the ‘099 patent. These
`actions by Defendants are intended specifically to cause users, including end users in the
`Eastern District of Texas, to directly infringe the relevant claims.
`44. Examples of instructions to cause infringement can be found at the following web
`links and documents, which are on information and belief maintained by Defendant:
`- http://www.samsung.com/us/video/blu-ray-dvd/BD-D5300/ZA-specs#
`- http://www.samsung.com/us/video/blu-ray-dvd/BD-E6500/ZA-specs#
`- http://www.samsung.com/us/news/newsRead.do?news_seq=20078\
`- http://www.samsung.com/us/video/tvs/UN50ES6150FXZA-specs#\
`- http://www.samsung.com/us/video/home-theater/HT-E6500W/ZA-specs#
`- http://support-us.samsung.com/spsn/search_result.jsp?keywords=allshare
`- http://www.youtube.com/watch?v=lPLs4KvnyQ0
`- http://www.youtube.com/watch?v=9EaYojtXFaU&noredirect=1
`45. Defendants knew or should have known that its encouragement and instructions
`to third parties would result in infringement of the ‘099 Patent by these third parties, including
`end users in the Eastern District of Texas. Defendants are thus liable for inducing infringement
`of the ‘099 Patent pursuant to 35 U.S.C. §271(b).
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`46. This infringement by Defendants of the ‘099 Patent has injured Black Hills and
`will cause irreparable injury and damage in the future unless Defendants are enjoined from
`infringing the ‘099 Patent.
`47.
` Black Hills reserves its rights to take discovery as to the extent of Defendants’
`pre-suit knowledge of the ‘099 Patent and to allege pre-suit willfulness. Defendants’ continued
`infringement of the ‘099 Patent is willful infringement.
`
`COUNT IV
`PATENT INFRINGEMENT OF THE ‘952 PATENT
`
`48. Plaintiff incorporates by reference each of the preceding paragraphs as if set forth
`fully herein.
`49. Defendants are directly and/or indirectly infringing one or more of the claims of
`the ‘952 Patent literally, or under the doctrine of equivalents, by importing into the United
`States and/or making, using, selling, or offering for sale in the United States, including the
`Eastern District of Texas, the Accused Products.
`50. Exemplary infringing products for this patent include TV Model UN55F8000BF,
`Blu-Ray Model BD-E6500, Home Theater model HT-F5500W, mobile phone models Galaxy S
`III and IV, and tablet model Galaxy Tab 2 10.1 and other products with similar functionality.
`51. The ‘952 Patent is a continuation of Published Application 2002-0002039. Prior
`to this suit, the U.S.P.T.O. expressly put Defendants’ patent attorneys on notice of that
`Application. On information and belief, Defendants also learned of the ‘952 Patent.
`52. Also, as a developer, designer, maker and distributor of these products, as well as
`a holder of a significant patent portfolio in this field, Defendants knew or should have known
`that their products infringed on one or more claims of the ‘952 Patent. Should Defendants
`contend that they did not have prior notice of these patents, Defendants have notification of
`their infringement of the ‘952 Patent by the filing and service of this complaint.
`53. Defendants’ inducement of infringement of the ‘952 Patent includes, but is not
`limited to, actively encouraging and instructing third parties to use Defendants’ products in
`ways that infringe the ‘952 Patent, including utilizing an application such as Pandora to receive
`song playlists. Defendants’ products are imported used, marketed, offered for sale and/or sold
`in the United States. Defendants vigorously promote, market, advertise and ship the accused
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`products along with on screen display menus, directions, demonstrations, guides, manuals,
`training for use, user prompts, product and user manuals and other materials that are specifically
`intended to direct, cause, urge, encourage and facilitate others to perform acts of infringement of
`the ‘952 patent. These actions by Defendants are intended specifically to cause users, including
`end users in the Eastern District of Texas, to directly infringe the relevant claims.
`54. Examples of such instructions can be found in the following links to the
`Defendants’ website:
` http://www.samsung.com/us/support/owners/product/HT-E3500/ZA (User
`Manual)
` http://www.samsung.com/us/support/owners/product/BD-EM57C/ZA (User
`Manual)
` http://www.samsung.com/us/video/blu-ray-dvd/BD-EM53C/ZA (Product
`Features)
` http://www.samsung.com/us/appstore/app/000000021563 (Video Tutorial)
` http://www.samsung.com/us/article/7-ways-to-personalize-holiday-gifts (Tips
`and Tricks)
` http://www.samsung.com/us/article/5-apps-to-help-you-through-the-holidays
`(Article)
`55. Defendants knew or should have known that its encouragement and instructions
`to third parties would result in infringement of the ‘952 Patent by these third parties, including
`end users in the Eastern District of Texas. Defendants are thus liable for inducing infringement
`of the ‘952 Patent pursuant to 35 U.S.C. §271(b).
`56. Upon information and belief Defendants also are contributory infringers, pursuant
`to 35 U.S.C. 271(c), because of sales and offers to sell within the United States of articles
`constituting or containing material parts of inventions claimed in at least one claim of the ‘952
`Patent, when knowing and/or when willfully blind to the same being especially made and/or
`adapted for use in an infringement of these patents, and not staples articles of commerce
`suitable for substantial non-infringing uses. For example, at least one of the exemplary products
`mentioned above constitutes or contains material parts of inventions claimed in at least one
`claim of the ‘952 Patent that have no substantial non-infringing uses.
`57. This infringement by Defendants of the ‘952 Patent has injured Black Hills and
`will cause irreparable injury and damage in the future unless Defendants are enjoined from
`infringing the ‘952 Patent.
`58. On information and belief, Defendants post-knowledge infringement of the ‘952
`Patent has been willful.
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`
`COUNT V
`PATENT INFRINGEMENT OF THE ‘652 PATENT
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`59. Plaintiff incorporates by reference each of the preceding paragraphs as if set forth
`fully herein.
`60. Defendants are directly and/or indirectly infringing one or more of the claims of
`the ‘652 Patent literally, or under the doctrine of equivalents, by importing into the United
`States and/or making, using, selling, or offering for sale in the United States, including the
`Eastern District of Texas, the Accused Products.
`61. Exemplary infringing products for this patent include TV Model UN55F8000BF,
`Blu-Ray Model BD-E6500, Home Theater model HT-F5500W, mobile phone models Galaxy S
`III and IV, and tablet model Galaxy Tab 2 10.1 and other products with similar functionality.
`62. The ‘652 Patent is a continuation of Published Application 2002-0002039. Prior
`to this suit, the U.S.P.T.O. expressly put Defendants’ patent attorneys on notice of that
`Application. On information and belief, Defendants also learned of the ‘652 Patent.
`63. Also, as a developer, designer, maker and distributor of these products, as well as
`a holder of a significant patent portfolio in this field, Defendants knew or should have known
`that their products infringed on one or more claims of the ‘652 Patent. Should Defendants
`contend that they did not have prior notice of these patents, Defendants have notification of
`their infringement of the ‘652 Patent by the filing and service of this complaint.
`64. Defendants’ inducement of infringement of the ‘652 Patent includes, but is not
`limited to, actively encouraging and instructing third parties to use Defendants’ products in
`ways that infringe the ‘652 Patent, including utilizing applications such as Pandora to receive
`song playlist and vTuner to receive Internet radio broadcasts. Defendants’ products are
`imported, used, marketed, offered for sale and/or sold in the United States after importation.
`Defendants vigorously promote, market, advertise and ship the Accused Products along with on
`screen display menus, directions, demonstrations, guides, manuals, training for use, user
`prompts, product and user manuals and other materials that are specifically intended to direct,
`cause, urge, encourage and facilitate others to perform acts of infringement of the ‘652 patent.
`These actions by Defendants are intended specifically to cause users, including end users in the
`Eastern District of Texas, to directly infringe the relevant claims.
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`65. Examples of such instructions can be found in the following links to the
`Defendants’ website:
` http://www.samsung.com/us/support/owners/product/HT-E3500/ZA (User
`Manual)
` http://www.samsung.com/us/support/owners/product/BD-EM57C/ZA (User
`Manual)
` http://www.samsung.com/us/video/blu-ray-dvd/BD-EM53C/ZA (Product
`Features)
` http://www.samsung.com/us/appstore/app/000000021563 (Video Tutorial)
` http://www.samsung.com/us/article/7-ways-to-personalize-holiday-gifts (Tips
`and Tricks)
` http://www.samsung.com/us/article/5-apps-to-help-you-through-the-holidays
`(Article)
` http://www.samsung.com/us/appstore/app.do?appId=G00000471367 (App
`Store)
` http://www.samsung.com/us/appstore/app.do?appId=G00000471367 (User
`Manual)
` http://support-us.samsung.com/spsn/search_result.jsp?keywords=vtuner (Video
`Tutorial)
` http://www.samsung.com/global/article/articleDetailView.do?atcl_id=19 (App
`Profile)
`
`66. Defendants knew or should have known that its encouragement and instructions
`to third parties would result in infringement of the ‘652 Patent by these third parties, including
`end users in the Eastern District of Texas. Defendants are thus liable for inducing infringement
`of the ‘652 Patent pursuant to 35 U.S.C. §271(b).
`67. Upon information and belief Defendants also are contributory infringers, pursuant
`to 35 U.S.C. 271(c), because of sales and offers to sell within the United States of articles
`constituting or containing material parts of inventions claimed in at least one claim of the ‘652
`Patent, when knowing and/or when willfully blind to the same being especially made and/or
`adapted for use in an infringement of these patents, and not staples articles of commerce
`suitable for substantial non-infringing uses. For example, at least one of the exemplary products
`mentioned above constitutes or contains material parts of inventions claimed in at least one
`claim of the ‘652 Patent that have no substantial non-infringing uses.
`68. This infringement by Defendants of the ‘652 Patent has injured Black Hills and
`will cause irreparable injury and damage in the future unless Defendants are enjoined from
`infringing the ‘652 Patent.
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`69. On information and belief, Defendants post-knowledge infringement of the ‘652
`Patent has been willful.
`
`COUNT VI
`PATENT INFRINGEMENT OF THE ‘689 PATENT
`
`70. Plaintiff incorporates by reference each of the preceding paragraphs as if set forth
`fully herein.
`71. Defendants are directly and/or indirectly infringing one or more of the claims of
`the ‘689 Patent literally, or under the doctrine of equivalents, by importing into the United
`States and/or making, using, selling, or offering for sale in the United States, including the
`Eastern District of Texas, the Accused Products.
`72. Exemplary accused products for this patent include mobile devices and tablets
`with Group Cast or Group Play, including the Galaxy S III, Galaxy S IV, and Tab 2 and other
`products with similar functionality.
`73. On information and belief, in 2002, after the filing of the provisional patent
`applications from which the Goldberg ‘689 Patent claim priority, Dr. Goldberg corresponded
`with and met in person with senior employees, including Dr. Sang-Li Park, Woonki Kim, and
`Mr. Chang-Gun Kim, at the office of Samsung Electronics Co. Ltd. in Seoul, Korea concerning
`his technology and intellectual property. On information and belief, Mr. C.G. Kim reported to
`Dr. Chin via Mr. Sang-il Park at that time.
`74. For example, Dr. Goldberg, in September 2002, met with executives in the
`Business Development, Technical and Marketing Department. Dr. Goldberg made a
`presentation, with specific reference to intellectual property and patent rights, to these
`executives. His presentation specifically discussed the ability to share music across multiple
`devices. At least as a result of such exposure, Defendants have been on notice of Dr.
`Goldberg’s patent rights for many years prior to the filing of this lawsuit. On information and
`belief, Defendants have had specific and actual knowledge of Dr. Goldberg’s ‘689 patent.
`75. Also, as a developer, designer, maker and distributor of these products, as well as
`a holder of a significant patent portfolio in this field, Defendants knew or should have known
`that their products infringed on one or more claims of the ‘689 Patent. Should Defendants
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`contend that they did not have prior notice of these patents, Defendants have notification of
`their infringement of the ‘689 Patent by the filing and service of this complaint.
`76. Defendants’ inducement of infringement of the ‘689 Patent includes, but is not
`limited to, actively encouraging and instructing third parties to use Defendants’ products in
`ways that infringe the ‘689 Patent. Defendants’ products are imported, used, marketed, offered
`for sale and/or sold in the United States after importation. Defendants vigorously promote,
`market, advertise and ship the Accused Products along with on screen display menus,
`directions, demonstrations, guides, manuals, training for use, user prompts, product and user
`manuals and other materials that are specifically intended to direct, cause, urge, encourage and
`facilitate others to perform acts of infringement of the ‘689 patent. These actions by Defendants
`are intended specifically to cause users, including ender users in the Eastern District of Texas, to
`directly infringe the relevant claims.
`77. Defendants’ inducement of infringement of the ‘689 Patent includes but is not
`limited to, actively encouraging and instructing third parties to use Defendants’ products in
`ways that infringe the ‘689 patent. Defendant ships the Accused Products with the accused
`Group Cast/ Group Play functionality pre-loaded which encourages third parties to utilize the
`Accused Products in an infringing manner, and provides detailed instructions to these third
`parties which causes such infringement.
`78. Examples of such instructions can be found in the following links to, on
`information and belief, the Defendants’ web site:
`http://downloadcenter.samsung.com/content/UM/201207/20120706131108550/VZW_SCH-
`i535_English_User_Manual_LG1_F5.pdf (Galaxy S3 User Manual (see page 72), encouraging
`use of Group Cast)
`http://www.samsung.com/us/support/supportOwnersHowToGuidePopup.do?howto_guide_seq=6
`943&prd_ia_cd=N0000004&map_seq=47750 (Group Play How-To Guide)
`79. Defendants knew or should have known that its encouragement and instructions
`to third par