INNOVATIVE DISPLAY TECHNOLOGIES LLC’s
`EXHIBIT 2002
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG DISPLAY CO., LTD.
`Petitioner
`
`v.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC
`Patent Owner
`
`Case IPR2014-01357
`U.S. Patent No. 6,755,547
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 1 of 25 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`INNOVATIVE DISPLAY
`TECHNOLOGIES LLC,
`
`
`Plaintiff,
`
`
`v.
`
`DELL INC.,
`
`
`Defendant.
`
`C.A. No. ____
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`PLAINTIFF’S COMPLAINT
`
`Plaintiff Innovative Display Technologies LLC, by and through its undersigned counsel,
`
`
`
`
`
`files this Complaint against Defendant Dell Inc. (“Dell”).
`
`THE PARTIES
`
`1.
`
`Innovative Display Technologies LLC is a Texas limited liability company with its
`
`principal place of business located at 2400 Dallas Parkway, Suite 200, Plano, TX 75093.
`
`2.
`
`Upon information and belief, Dell is a Delaware corporation that claims as its
`
`principal place of business, One Dell Way, Round Rock, TX 78682. Dell also has offices at 2300
`
`West Plano Parkway, Plano, TX 75075. Upon information and belief, Dell has conducted and
`
`regularly conducts business within this District, has purposefully availed itself of the privileges of
`
`conducting business in this District, and has sought protection and benefit from the laws of the
`
`State of Texas.
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 1
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 2 of 25 PageID #: 2
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the Patent Laws of the United States, 35 U.S.C. § 1, et seq.,
`
`including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter jurisdiction
`
`over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
`
`4.
`
`As further detailed herein, this Court has personal jurisdiction over Dell. Dell is
`
`amenable to service of summons for this action. Furthermore, personal jurisdiction over Dell in
`
`this action comports with due process. Dell maintains an office in this District at 2300 West Plano
`
`Parkway, Plano, TX 75075 and its headquarters at One Dell Way, Round Rock, TX 78682. Dell
`
`has conducted and regularly conducts business within the United States and this District. Dell has
`
`purposefully availed itself of the privileges of conducting business in the United States, and more
`
`specifically in Texas and this District. Dell has sought protection and benefit from the laws of the
`
`State of Texas by maintaining corporate headquarters in Texas and an office in this District and by
`
`placing infringing products into the stream of commerce through an established distribution
`
`channel with the awareness and/or intent that they will be purchased by consumers in this District.
`
`5.
`
`Dell – directly or through intermediaries (including distributors, retailers, and
`
`others), subsidiaries, alter egos, and/or agents – ships, distributes, offers for sale, and/or sells its
`
`products in the United States and this District. Dell has purposefully and voluntarily placed one or
`
`more of its infringing products, as described below, into the stream of commerce with the
`
`awareness and/or intent that they will be purchased by consumers in this District. Defendant
`
`knowingly and purposefully ships infringing products into this District through an established
`
`distribution channel. These infringing products have been and continue to be purchased by
`
`consumers in this District. Upon information and belief, through those activities, Dell has
`
`committed the tort of patent infringement in this District and/or has induced others to commit
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 2
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 3 of 25 PageID #: 3
`
`patent infringement in this District. Plaintiff’s cause of action for patent infringement arises
`
`directly from Dell’s activities in this District.
`
`6.
`
`Venue is proper in this Court according to the venue provisions set forth by 28
`
`U.S.C. §§ 1391(b)-(d) and 1400(b). Dell is subject to personal jurisdiction in this District, and
`
`therefore is deemed to reside in this District for purposes of venue. Upon information and belief,
`
`Dell has committed acts within this judicial District giving rise to this action and does business in
`
`this District, including but not limited to making sales in this District, providing service and
`
`support to their respective customers in this District, and/or operating an interactive website,
`
`available to persons in this District that advertises, markets, and/or offers for sale infringing
`
`products.
`
`A.
`
`The Patents-In-Suit.
`
`BACKGROUND
`
`7.
`
`U.S. Patent No. 6,755,547 titled “Light Emitting Panel Assemblies” (“the ’547
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on June 29, 2004,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’547 patent. The
`
`’547 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in the
`
`’547 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ’547 patent is attached as Exhibit A and made a part
`
`hereof.
`
`8.
`
`U.S. Patent No. 7,300,194 titled “Light Emitting Panel Assemblies” (“the ’194
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on November 27,
`
`2007, after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’194 patent.
`
`The ’194 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in
`
`the ’194 patent, including the right to collect and receive damages for past, present and future
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 3
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 4 of 25 PageID #: 4
`
`infringements. A true and correct copy of the ’194 patent is attached as Exhibit B and made a part
`
`hereof.
`
`9.
`
`U.S. Patent No. 7,384,177 titled “Light Emitting Panel Assemblies” (“the ’177
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on June 10, 2008,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’177 patent. The
`
`’177 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in the
`
`’177 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ’177 patent is attached as Exhibit C and made a part
`
`hereof.
`
`10.
`
`U.S. Patent No. 7,404,660 titled “Light Emitting Panel Assemblies” (“the ’660
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on July 29, 2008,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’660 patent. The
`
`’660 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in the
`
`’660 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ’660 patent is attached as Exhibit D and made a part
`
`hereof.
`
`11.
`
`U.S. Patent No. 7,434,974 titled “Light Emitting Panel Assemblies” (“the ’974
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on October 14, 2008,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’974 patent. The
`
`’974 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in the
`
`’974 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ’974 patent is attached as Exhibit E and made a part
`
`hereof.
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 4
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 5 of 25 PageID #: 5
`
`12.
`
`U.S. Patent No. 7,537,370 titled “Light Emitting Panel Assemblies” (“the ’370
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on May 26, 2009,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’370 patent. The
`
`’370 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in the
`
`’370 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ’370 patent is attached as Exhibit F and made a part
`
`hereof.
`
`13.
`
`U.S. Patent No. 8,215,816 titled “Light Emitting Panel Assemblies” (“the ’816
`
`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on July 10, 2012,
`
`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’816 patent. The
`
`’816 patent has been assigned to Plaintiff, and Plaintiff holds all rights, title, and interest in the
`
`’816 patent, including the right to collect and receive damages for past, present and future
`
`infringements. A true and correct copy of the ’816 patent is attached as Exhibit G and made a part
`
`hereof.
`
`14.
`
`Jeffery R. Parker is an inventor of the ’547 patent, the ’194 patent, the ’177 patent,
`
`the ’660 patent, the ’974 patent, the ’370 patent, and the ’816 patent (collectively, the “patents-in-
`
`suit”). In total, he is a named inventor on over eighty-five (85) U.S. patents.
`
`B.
`
`Dell’s Infringing Conduct.
`
`15.
`
`Upon information and belief, Dell makes, uses, offers to sell, and/or sells within,
`
`and/or imports into the United States display products that incorporate the fundamental
`
`technologies covered by the patents-in-suit. Upon information and belief, the infringing display
`
`products include, but are not limited to, laptops, desktops, monitors, tablets, and printers (e.g., the
`
`S2340M monitor and the Inspiron i15RV-6190 laptop).
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 5
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 6 of 25 PageID #: 6
`
`16.
`
`By incorporating the fundamental inventions covered by the patents-in-suit, Dell
`
`can make improved products, including but not limited to, longer displays, thinner displays, and/or
`
`displays with a higher light output, a more uniform light output, and/or a lower power requirement.
`
`17.
`
`Upon information and belief, third-party distributors purchase and have purchased
`
`Dell’s infringing display products for sale or importation into the United States, including this
`
`District. Upon information and belief, third-party consumers use and have used Dell’s infringing
`
`display products in the United States, including this District.
`
`18.
`
`Upon information and belief, Dell has purchased infringing display products that
`
`are made, used, offered for sale, sold within, and/or imported into the United States, including this
`
`District by third party manufacturers, distributors, and/or importers.
`
`COUNT I
`
`Patent Infringement of U.S. Patent No. 6,755,547
`
`19.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-18 as
`
`though fully set forth herein.
`
`20.
`
`21.
`
`22.
`
`The ’547 patent is valid and enforceable.
`
`Dell has never been licensed, either expressly or impliedly, under the ’547 patent.
`
`Upon information and belief, to the extent any marking or notice was required by
`
`35 U.S.C. § 287, Plaintiff has complied with the requirements of that statute by providing actual
`
`or constructive notice to Dell of its alleged infringement. Upon information and belief, Plaintiff
`
`surmises that any express licensees of the ’547 patent have complied with the marking
`
`requirements of 35 U.S.C. § 287 by placing a notice of the ’547 patent on all goods made, offered
`
`for sale, sold within, and/or imported into the United States that embody one or more claims of
`
`that patent.
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 6
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 7 of 25 PageID #: 7
`
`23.
`
`Upon information and belief, Dell has been and is directly infringing under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’547 patent by making,
`
`using, offering to sell, and/or selling to third-party manufacturers, distributors, and/or consumers
`
`(directly or through intermediaries and/or subsidiaries) in this District and elsewhere within the
`
`United States and/or importing into the United States, without authority, display products that
`
`include all of the limitations of one or more claims of the ’547 patent, including but not limited to,
`
`laptops, desktops, monitors, tablets, and printers (e.g., the S2340M monitor and the Inspiron
`
`i15RV-6190 laptop), their display components, and/or other products made, used, sold, offered for
`
`sale, or imported by Dell that include all of the limitations of one or more claims of the ’547 patent.
`
`24.
`
`Upon information and belief, distributors and consumers that purchase Dell’s
`
`products that include all of the limitations of one or more claims of the ’547 patent, including but
`
`not limited to laptops, desktops, monitors, tablets, and printers (e.g., the S2340M monitor and the
`
`Inspiron i15RV-6190 laptop), also directly infringe, either literally or under the doctrine of
`
`equivalents, under 35 U.S.C. § 271(a), the ’547 patent by using, offering to sell, and/or selling
`
`infringing display products in this District and elsewhere in the United States.
`
`25.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to Dell that include all of the limitations of one or more claims
`
`of the ’547 patent, also directly infringe, either literally or under the doctrine of equivalents, under
`
`35 U.S.C. § 271(a), the ’547 patent by making, offering to sell, and/or selling infringing products
`
`in this District and elsewhere within the United States and/or importing infringing products into
`
`the United States.
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 7
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 8 of 25 PageID #: 8
`
`26.
`
`Upon information and belief, Dell had knowledge of the ’547 patent and its
`
`infringing conduct at least since filing of this action when it was formally placed on notice of its
`
`infringement.
`
`27.
`
`Upon information and belief, since at least the above-mentioned date when Plaintiff
`
`formally placed Dell on notice of its infringement, Dell has actively induced, under U.S.C. §
`
`271(b), third-party manufacturers, distributors, importers and/or consumers to directly infringe one
`
`or more claims of the ’547 patent. Since at least the notice provided on the above-mentioned date,
`
`Dell does so with knowledge, or with willful blindness of the fact, that the induced acts constitute
`
`infringement of the ’547 patent. Upon information and belief, Dell intends to cause infringement
`
`by these third-party manufacturers, distributors, importers, and/or consumers. Dell has taken
`
`affirmative steps to induce their infringement by, inter alia, creating advertisements that promote
`
`the infringing use of display products, creating established distribution channels for these products
`
`into and within the United States, purchasing these products, manufacturing these products in
`
`conformity with U.S. laws and regulations, distributing or making available instructions or
`
`manuals for these products to purchasers and prospective buyers, and/or providing technical
`
`support, replacement parts, or services for these products to these purchasers in the United States.
`
`28.
`
`As a direct and proximate result of these acts of patent infringement, Dell has
`
`encroached on the exclusive rights of Plaintiff and its licensees to practice the ’547 patent, for
`
`which Plaintiff is entitled to at least a reasonable royalty.
`
`COUNT II
`
`Patent Infringement of U.S. Patent No. 7,300,194
`
`29.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-28 as
`
`though fully set forth herein.
`
`30.
`
`The ’194 patent is valid and enforceable.
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 8
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 9 of 25 PageID #: 9
`
`31.
`
`32.
`
`Dell has never been licensed, either expressly or impliedly, under the ’194 patent.
`
`Upon information and belief, to the extent any marking or notice was required by
`
`35 U.S.C. § 287, Plaintiff has complied with the requirements of that statute by providing actual
`
`or constructive notice to Dell of its alleged infringement. Upon information and belief, Plaintiff
`
`surmises that any express licensees of the ’194 patent have complied with the marking
`
`requirements of 35 U.S.C. § 287 by placing a notice of the ’194 patent on all goods made, offered
`
`for sale, sold within, and/or imported into the United States that embody one or more claims of
`
`that patent.
`
`33.
`
`Upon information and belief, Dell has been and is directly infringing under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’194 patent by making,
`
`using, offering to sell, and/or selling to third-party manufacturers, distributors, and/or consumers
`
`(directly or through intermediaries and/or subsidiaries) in this District and elsewhere within the
`
`United States and/or importing into the United States, without authority, display products that
`
`include all of the limitations of one or more claims of the ’194 patent, including but not limited to,
`
`laptops, desktops, monitors, tablets, and printers (e.g., the S2340M monitor and the Inspiron
`
`i15RV-6190 laptop), their display components, and/or other products made, used, sold, offered for
`
`sale, or imported by Dell that include all of the limitations of one or more claims of the ’194 patent.
`
`34.
`
`Upon information and belief, distributors and consumers that purchase Dell’s
`
`products that include all of the limitations of one or more claims of the ’194 patent, including but
`
`not limited to laptops, desktops, monitors, tablets, and printers (e.g., the S2340M monitor and the
`
`Inspiron i15RV-6190 laptop), also directly infringe, either literally or under the doctrine of
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 9
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 10 of 25 PageID #: 10
`
`equivalents, under 35 U.S.C. § 271(a), the ’194 patent by using, offering to sell, and/or selling
`
`infringing display products in this District and elsewhere in the United States.
`
`35.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to Dell that include all of the limitations of one or more claims
`
`of the ’194 patent, also directly infringe, either literally or under the doctrine of equivalents, under
`
`35 U.S.C. § 271(a), the ’194 patent by making, offering to sell, and/or selling infringing products
`
`in this District and elsewhere within the United States and/or importing infringing products into
`
`the United States.
`
`36.
`
`Upon information and belief, Dell had knowledge of the ’194 patent and its
`
`infringing conduct at least since filing of this action when it was formally placed on notice of its
`
`infringement.
`
`37.
`
`Upon information and belief, since at least the above-mentioned date when Plaintiff
`
`formally placed Dell on notice of its infringement, Dell has actively induced, under U.S.C. §
`
`271(b), third-party manufacturers, distributors, importers and/or consumers to directly infringe one
`
`or more claims of the ’194 patent. Since at least the notice provided on the above-mentioned date,
`
`Dell does so with knowledge, or with willful blindness of the fact, that the induced acts constitute
`
`infringement of the ’194 patent. Upon information and belief, Dell intends to cause infringement
`
`by these third-party manufacturers, distributors, importers, and/or consumers. Dell has taken
`
`affirmative steps to induce their infringement by, inter alia, creating advertisements that promote
`
`the infringing use of display products, creating established distribution channels for these products
`
`into and within the United States, purchasing these products, manufacturing these products in
`
`conformity with U.S. laws and regulations, distributing or making available instructions or
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 10
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 11 of 25 PageID #: 11
`
`manuals for these products to purchasers and prospective buyers, and/or providing technical
`
`support, replacement parts, or services for these products to these purchasers in the United States.
`
`38.
`
`As a direct and proximate result of these acts of patent infringement, Dell has
`
`encroached on the exclusive rights of Plaintiff and its licensees to practice the ’194 patent, for
`
`which Plaintiff is entitled to at least a reasonable royalty.
`
`COUNT III
`
`Patent Infringement of U.S. Patent No. 7,384,177
`
`39.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-38 as
`
`though fully set forth herein.
`
`40.
`
`41.
`
`42.
`
`The ’177 patent is valid and enforceable.
`
`Dell has never been licensed, either expressly or impliedly, under the ’177 patent.
`
`Upon information and belief, to the extent any marking or notice was required by
`
`35 U.S.C. § 287, Plaintiff has complied with the requirements of that statute by providing actual
`
`or constructive notice to Dell of its alleged infringement. Upon information and belief, Plaintiff
`
`surmises that any express licensees of the ’177 patent have complied with the marking
`
`requirements of 35 U.S.C. § 287 by placing a notice of the ’177 patent on all goods made, offered
`
`for sale, sold within, and/or imported into the United States that embody one or more claims of
`
`that patent.
`
`43.
`
`Upon information and belief, Dell has been and is directly infringing under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’177 patent by making,
`
`using, offering to sell, and/or selling to third-party manufacturers, distributors, and/or consumers
`
`(directly or through intermediaries and/or subsidiaries) in this District and elsewhere within the
`
`United States and/or importing into the United States, without authority, display products that
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 11
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 12 of 25 PageID #: 12
`
`include all of the limitations of one or more claims of the ’177 patent, including but not limited to,
`
`laptops, desktops, monitors, tablets, and printers (e.g., the S2340M monitor and the Inspiron
`
`i15RV-6190 laptop), their display components, and/or other products made, used, sold, offered for
`
`sale, or imported by Dell that include all of the limitations of one or more claims of the ’177 patent.
`
`44.
`
`Upon information and belief, distributors and consumers that purchase Dell’s
`
`products that include all of the limitations of one or more claims of the ’177 patent, including but
`
`not limited to laptops, desktops, monitors, tablets, and printers (e.g., the S2340M monitor and the
`
`Inspiron i15RV-6190 laptop), also directly infringe, either literally or under the doctrine of
`
`equivalents, under 35 U.S.C. § 271(a), the ’177 patent by using, offering to sell, and/or selling
`
`infringing display products in this District and elsewhere in the United States.
`
`45.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to Dell that include all of the limitations of one or more claims
`
`of the ’177 patent, also directly infringe, either literally or under the doctrine of equivalents, under
`
`35 U.S.C. § 271(a), the ’177 patent by making, offering to sell, and/or selling infringing products
`
`in this District and elsewhere within the United States and/or importing infringing products into
`
`the United States.
`
`46.
`
`Upon information and belief, Dell had knowledge of the ’177 patent and its
`
`infringing conduct at least since filing of this action when it was formally placed on notice of its
`
`infringement.
`
`47.
`
`Upon information and belief, since at least the above-mentioned date when Plaintiff
`
`formally placed Dell on notice of its infringement, Dell has actively induced, under U.S.C. §
`
`271(b), third-party manufacturers, distributors, importers and/or consumers to directly infringe one
`
`or more claims of the ’177 patent. Since at least the notice provided on the above-mentioned date,
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 12
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 13 of 25 PageID #: 13
`
`Dell does so with knowledge, or with willful blindness of the fact, that the induced acts constitute
`
`infringement of the ’177 patent. Upon information and belief, Dell intends to cause infringement
`
`by these third-party manufacturers, distributors, importers, and/or consumers. Dell has taken
`
`affirmative steps to induce their infringement by, inter alia, creating advertisements that promote
`
`the infringing use of display products, creating established distribution channels for these products
`
`into and within the United States, purchasing these products, manufacturing these products in
`
`conformity with U.S. laws and regulations, distributing or making available instructions or
`
`manuals for these products to purchasers and prospective buyers, and/or providing technical
`
`support, replacement parts, or services for these products to these purchasers in the United States.
`
`48.
`
`As a direct and proximate result of these acts of patent infringement, Dell has
`
`encroached on the exclusive rights of Plaintiff and its licensees to practice the ’177 patent, for
`
`which Plaintiff is entitled to at least a reasonable royalty.
`
`COUNT IV
`
`Patent Infringement of U.S. Patent No. 7,404,660
`
`49.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-48 as
`
`though fully set forth herein.
`
`50.
`
`51.
`
`52.
`
`The ’660 patent is valid and enforceable.
`
`Dell has never been licensed, either expressly or impliedly, under the ’660 patent.
`
`Upon information and belief, to the extent any marking or notice was required by
`
`35 U.S.C. § 287, Plaintiff has complied with the requirements of that statute by providing actual
`
`or constructive notice to Dell of its alleged infringement. Upon information and belief, Plaintiff
`
`surmises that any express licensees of the ’660 patent have complied with the marking
`
`requirements of 35 U.S.C. § 287 by placing a notice of the ’660 patent on all goods made, offered
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 13
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 14 of 25 PageID #: 14
`
`for sale, sold within, and/or imported into the United States that embody one or more claims of
`
`that patent.
`
`53.
`
`Upon information and belief, Dell has been and is directly infringing under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’660 patent by making,
`
`using, offering to sell, and/or selling to third-party manufacturers, distributors, and/or consumers
`
`(directly or through intermediaries and/or subsidiaries) in this District and elsewhere within the
`
`United States and/or importing into the United States, without authority, display products that
`
`include all of the limitations of one or more claims of the ’660 patent, including but not limited to,
`
`laptops, desktops, monitors, tablets, and printers (e.g., the S2340M monitor and the Inspiron
`
`i15RV-6190 laptop), their display components, and/or other products made, used, sold, offered for
`
`sale, or imported by Dell that include all of the limitations of one or more claims of the ’660 patent.
`
`54.
`
`Upon information and belief, distributors and consumers that purchase Dell’s
`
`products that include all of the limitations of one or more claims of the ‘660 patent, including but
`
`not limited to laptops, desktops, monitors, tablets, and printers (e.g., the S2340M monitor and the
`
`Inspiron i15RV-6190 laptop), also directly infringe, either literally or under the doctrine of
`
`equivalents, under 35 U.S.C. § 271(a), the ’660 patent by using, offering to sell, and/or selling
`
`infringing display products in this District and elsewhere in the United States.
`
`55.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to Dell that include all of the limitations of one or more claims
`
`of the ’660 patent, also directly infringe, either literally or under the doctrine of equivalents, under
`
`35 U.S.C. § 271(a), the ’660 patent by making, offering to sell, and/or selling infringing products
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 14
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 15 of 25 PageID #: 15
`
`in this District and elsewhere within the United States and/or importing infringing products into
`
`the United States.
`
`56.
`
`Upon information and belief, Dell had knowledge of the ’660 patent and its
`
`infringing conduct at least since filing of this action when it was formally placed on notice of its
`
`infringement.
`
`57.
`
`Upon information and belief, since at least the above-mentioned date when Plaintiff
`
`formally placed Dell on notice of its infringement, Dell has actively induced, under U.S.C. §
`
`271(b), third-party manufacturers, distributors, importers and/or consumers to directly infringe one
`
`or more claims of the ’660 patent. Since at least the notice provided on the above-mentioned date,
`
`Dell does so with knowledge, or with willful blindness of the fact, that the induced acts constitute
`
`infringement of the ’660 patent. Upon information and belief, Dell intends to cause infringement
`
`by these third-party manufacturers, distributors, importers, and/or consumers. Dell has taken
`
`affirmative steps to induce their infringement by, inter alia, creating advertisements that promote
`
`the infringing use of display products, creating established distribution channels for these products
`
`into and within the United States, purchasing these products, manufacturing these products in
`
`conformity with U.S. laws and regulations, distributing or making available instructions or
`
`manuals for these products to purchasers and prospective buyers, and/or providing technical
`
`support, replacement parts, or services for these products to these purchasers in the United States.
`
`58. As a direct and proximate result of these acts of patent infringement, Dell has
`
`encroached on the exclusive rights of Plaintiff and its licensees to practice the ’660 patent, for
`
`which Plaintiff is entitled to at least a reasonable royalty.
`
`
`
`
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 15
`
`

`

`Case 2:13-cv-00523-RSP Document 1 Filed 06/28/13 Page 16 of 25 PageID #: 16
`
`COUNT V
`
`Patent Infringement of U.S. Patent No. 7,434,974
`
`59.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-58 as
`
`though fully set forth herein.
`
`60.
`
`61.
`
`62.
`
`The ’974 patent is valid and enforceable.
`
`Dell has never been licensed, either expressly or impliedly, under the ’974 patent.
`
`Upon information and belief, to the extent any marking or notice was required by
`
`35 U.S.C. § 287, Plaintiff has complied with the requirements of that statute by providing actual
`
`or constructive notice to Dell of its alleged infringement. Upon information and belief, Plaintiff
`
`surmises that any express licensees of the ’974 patent have complied with the marking
`
`requirements of 35 U.S.C. § 287 by placing a notice of the ’974 patent on all goods made, offered
`
`for sale, sold within, and/or imported into the United States that embody one or more claims of
`
`that patent.
`
`63.
`
`Upon information and belief, Dell has been and is directly infringing under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’974 patent by making,
`
`using, offering to sell, and/or selling to third-party manufacturers, distributors, and/or consumers
`
`(directly or through intermediaries and/or subsidiaries) in this District and elsewhere within the
`
`United States and/or importing into the United States, without authority, display products tha