INNOVATIVE DISPLAY TECHNOLOGIES LLC's
`
`EXHIBIT 2004
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS, INC.
`
`Petitioner
`
`V.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC
`
`Patent Owner
`
`Case IPR2015-00489
`
`U.S. Patent No. 7,384,177
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 1 of 27 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`C.A. No. ____
`
`JURY TRIAL DEMANDED
`
`§§§§§§§§§§§
`
`INNOVATIVE DISPLAY
`TECHNOLOGIES LLC,
`
`Plaintiff,
`
`v.
`
`HEWLETT-PACKARD
`COMPANY,
`
`Defendant.
`
`PLAINTIFF’S COMPLAINT
`
`Plaintiff Innovative Display Technologies LLC, by and through its undersigned counsel,
`
`files this Complaint against Defendant Hewlett-Packard Company (“HP”).
`
`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, HP is a Delaware corporation that claims as its
`
`principal place of business, 3000 Hanover Street, Palo Alto, CA 94304. Upon information and
`
`belief, HP may be served with process by serving its registered agent in Texas, C T Corporation
`
`System, 350 N. St. Paul St., Suite 2900, Dallas, TX 75201. Upon information and belief, HP 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. HP has an office in this District at 5400 Legacy Drive, Plano, TX
`
`75024. HP also has an office at 20555 SH 249, Houston, TX 77070.
`
`PLAINTIFF’S COMPLAINT
`
` PAGE 1
`
`IDT_00092
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 2 of 27 PageID #: 2
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`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 HP. HP is
`
`amenable to service of summons for this action. Furthermore, personal jurisdiction over HP in this
`
`action comports with due process. HP maintains an office in this District at 5400 Legacy Drive,
`
`Plano, TX 75024. HP has conducted and regularly conducts business within the United States and
`
`this District. HP has purposefully availed itself of the privileges of conducting business in the
`
`United States, and more specifically in Texas and this District. HP has sought protection and
`
`benefit from the laws of the State of Texas by maintaining 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.
`
`HP – 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. HP 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, HP has
`
`committed the tort of patent infringement in this District and/or has induced others to commit
`
`patent infringement in this District. Plaintiff’s cause of action for patent infringement arises
`
`directly from HP’s activities in this District.
`
`PLAINTIFF’S COMPLAINT
`
` PAGE 2
`
`IDT_00093
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`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 3 of 27 PageID #: 3
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`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). HP 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,
`
`Defendant 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
`
`infringements. A true and correct copy of the ’194 patent is attached as Exhibit B and made a part
`
`hereof.
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 3
`
`IDT_00094
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 4 of 27 PageID #: 4
`
`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.
`
`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,
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 4
`
`IDT_00095
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 5 of 27 PageID #: 5
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`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.
`
`HP’s Infringing Conduct.
`
`15.
`
`Upon information and belief, HP 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, desktops, laptops, monitors, tablets, calculators, and
`
`printers (e.g., the HP g6-2321dx laptop and the HP W2071d monitor).
`
`16.
`
`By incorporating the fundamental inventions covered by the patents-in-suit, HP 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.
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 5
`
`IDT_00096
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 6 of 27 PageID #: 6
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`17.
`
`Upon information and belief, third-party distributors purchase and have purchased
`
`HP’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 HP’s infringing
`
`display products in the United States, including this District.
`
`18.
`
`Upon information and belief, HP 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.
`
`HP 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 HP 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.
`
`23.
`
`Upon information and belief, HP 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
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 6
`
`IDT_00097
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 7 of 27 PageID #: 7
`
`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 desktops,
`
`laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx laptop and the HP
`
`W2071d monitor), their display components, and/or other products made, used, sold, offered for
`
`sale, or imported by HP 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 HP’s
`
`products that include all of the limitations of one or more claims of the ’547 patent, including but
`
`not limited to desktops, laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx
`
`laptop and the HP W2071d monitor), 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 HP 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.
`
`26.
`
`Upon information and belief, HP had knowledge of the ’547 patent and its
`
`infringing conduct at least since August 28, 2012, when HP was formally placed on notice of its
`
`infringement.
`
`27.
`
`Upon information and belief, since at least the above-mentioned date when Plaintiff
`
`formally placed HP on notice of its infringement, HP has actively induced, under U.S.C. § 271(b),
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 7
`
`IDT_00098
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 8 of 27 PageID #: 8
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`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,
`
`HP 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, HP intends to cause infringement
`
`by these third-party manufacturers, distributors, importers, and/or consumers. HP 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.
`
`Upon information and belief, HP’s acts of infringement of the ’547 patent have
`
`been willful and intentional. Since at least the above-mentioned date of notice, HP has acted with
`
`an objectively high likelihood that its actions constituted infringement of the ’547 patent by
`
`refusing to take a license and continuing to make and sell its display products, including but not
`
`limited to desktops, laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx
`
`laptop and the HP W2071d monitor), and the objectively-defined risk was either known or so
`
`obvious that it should have been known.
`
`29.
`
`As a direct and proximate result of these acts of patent infringement, HP 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.
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 8
`
`IDT_00099
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`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 9 of 27 PageID #: 9
`
`COUNT II
`
`Patent Infringement of U.S. Patent No. 7,300,194
`
`30.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-29 as
`
`though fully set forth herein.
`
`31.
`
`32.
`
`33.
`
`The ’194 patent is valid and enforceable.
`
`HP 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 HP 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.
`
`34.
`
`Upon information and belief, HP 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 desktops,
`
`laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx laptop and the HP
`
`W2071d monitor), their display components, and/or other products made, used, sold, offered for
`
`sale, or imported by HP that include all of the limitations of one or more claims of the ’194 patent.
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 9
`
`IDT_00100
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 10 of 27 PageID #: 10
`
`35.
`
`Upon information and belief, distributors and consumers that purchase HP’s
`
`products that include all of the limitations of one or more claims of the ’194 patent, including but
`
`not limited to desktops, laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx
`
`laptop and the HP W2071d monitor), also directly infringe, either literally or under the doctrine of
`
`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.
`
`36.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to HP 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.
`
`37.
`
`Upon information and belief, HP had knowledge of the ’194 patent and its
`
`infringing conduct at least since August 28, 2012, when HP was formally placed on notice of its
`
`infringement.
`
`38.
`
`Upon information and belief, since at least the above-mentioned date when Plaintiff
`
`formally placed HP on notice of its infringement, HP 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,
`
`HP 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, HP intends to cause infringement
`
`by these third-party manufacturers, distributors, importers, and/or consumers. HP has taken
`
`affirmative steps to induce their infringement by, inter alia, creating advertisements that promote
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 10
`
`IDT_00101
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 11 of 27 PageID #: 11
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`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.
`
`39.
`
`Upon information and belief, HP’s acts of infringement of the ’194 patent have
`
`been willful and intentional. Since at least the above-mentioned date of notice, HP has acted with
`
`an objectively high likelihood that its actions constituted infringement of the ’194 patent by
`
`refusing to take a license and continuing to make and sell its display products, including but not
`
`limited to desktops, laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx
`
`laptop and the HP W2071d monitor), and the objectively-defined risk was either known or so
`
`obvious that it should have been known.
`
`40.
`
`As a direct and proximate result of these acts of patent infringement, HP 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
`
`41.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-40 as
`
`though fully set forth herein.
`
`42.
`
`43.
`
`44.
`
`The ’177 patent is valid and enforceable.
`
`HP 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 HP of its alleged infringement. Upon information and belief, Plaintiff
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 11
`
`IDT_00102
`
`

`
`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 12 of 27 PageID #: 12
`
`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.
`
`45.
`
`Upon information and belief, HP 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 include all
`
`of the limitations of one or more claims of the ’177 patent, including but not limited to desktops,
`
`laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx laptop and the HP
`
`W2071d monitor), their display components, and/or other products made, used, sold, offered for
`
`sale, or imported by HP that include all of the limitations of one or more claims of the ’177 patent.
`
`46.
`
`Upon information and belief, distributors and consumers that purchase HP’s
`
`products that include all of the limitations of one or more claims of the ’177 patent, including but
`
`not limited to desktops, laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx
`
`laptop and the HP W2071d monitor), 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.
`
`47.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to HP 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
`
`PLAINTIFF’S COMPLAINT
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`
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` PAGE 12
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`IDT_00103
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`

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`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 13 of 27 PageID #: 13
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`35 U.S.C. § 271(a), the ’177 patent by making, offering to sell, and/or selling infringing products
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`in this District and elsewhere within the United States and/or importing infringing products into
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`the United States.
`
`48.
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`Upon information and belief, HP had knowledge of the ’177 patent and its
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`infringing conduct at least since August 28, 2012, when HP was formally placed on notice of its
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`infringement.
`
`49.
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`Upon information and belief, since at least the above-mentioned date when Plaintiff
`
`formally placed HP on notice of its infringement, HP has actively induced, under U.S.C. § 271(b),
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`third-party manufacturers, distributors, importers and/or consumers to directly infringe one or
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`more claims of the ’177 patent. Since at least the notice provided on the above-mentioned date,
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`HP does so with knowledge, or with willful blindness of the fact, that the induced acts constitute
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`infringement of the ’177 patent. Upon information and belief, HP intends to cause infringement
`
`by these third-party manufacturers, distributors, importers, and/or consumers. HP 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
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`support, replacement parts, or services for these products to these purchasers in the United States.
`
`50.
`
`Upon information and belief, HP’s acts of infringement of the ’177 patent have
`
`been willful and intentional. Since at least the above-mentioned date of notice, HP has acted with
`
`an objectively high likelihood that its actions constituted infringement of the ’177 patent by
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`refusing to take a license and continuing to make and sell its display products, including but not
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`PLAINTIFF’S COMPLAINT
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` PAGE 13
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`IDT_00104
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`

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`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 14 of 27 PageID #: 14
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`limited to desktops, laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx
`
`laptop and the HP W2071d monitor), and the objectively-defined risk was either known or so
`
`obvious that it should have been known.
`
`51.
`
`As a direct and proximate result of these acts of patent infringement, HP has
`
`encroached on the exclusive rights of Plaintiff and its licensees to practice the ’177 patent, for
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`which Plaintiff is entitled to at least a reasonable royalty.
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`COUNT IV
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`Patent Infringement of U.S. Patent No. 7,404,660
`
`52.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-51 as
`
`though fully set forth herein.
`
`53.
`
`54.
`
`55.
`
`The ’660 patent is valid and enforceable.
`
`HP 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
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`35 U.S.C. § 287, Plaintiff has complied with the requirements of that statute by providing actual
`
`or constructive notice to HP 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
`
`for sale, sold within, and/or imported into the United States that embody one or more claims of
`
`that patent.
`
`56.
`
`Upon information and belief, HP 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
`
`PLAINTIFF’S COMPLAINT
`
`
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` PAGE 14
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`IDT_00105
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`

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`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 15 of 27 PageID #: 15
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`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 desktops,
`
`laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx laptop and the HP
`
`W2071d monitor), their display components, and/or other products made, used, sold, offered for
`
`sale, or imported by HP that include all of the limitations of one or more claims of the ’660 patent.
`
`57.
`
`Upon information and belief, distributors and consumers that purchase HP’s
`
`products that include all of the limitations of one or more claims of the ’660 patent, including but
`
`not limited to desktops, laptops, monitors, tablets, calculators, and printers (e.g., the HP g6-2321dx
`
`laptop and the HP W2071d monitor), 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.
`
`58.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to HP 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
`
`in this District and elsewhere within the United States and/or importing infringing products into
`
`the United States.
`
`59.
`
`Upon information and belief, HP had knowledge of the ’660 patent and its
`
`infringing conduct at least since August 28, 2012, when HP was formally placed on notice of its
`
`infringement.
`
`60.
`
`Upon information and belief, since at least the above-mentioned date when Plaintiff
`
`formally placed HP on notice of its infringement, HP has actively induced, under U.S.C. § 271(b),
`
`PLAINTIFF’S COMPLAINT
`
`
`
` PAGE 15
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`IDT_00106
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`

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`Case 2:13-cv-00524 Document 1 Filed 06/28/13 Page 16 of 27 PageID #: 16
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`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,
`
`HP 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, HP intends to cause infringement
`
`by these third-party manufacturers, distributors, importers, and/or consumers. HP 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