Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 1 of 12 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`§
`INNOVATIVE DISPLAY
`§
`TECHNOLOGIES LLC,
`§
`
`
`§
`
`Plaintiff,
`§
`
`
`§
`v.
`
`§
`
`
`AMERICAN HONDA MOTOR CO., INC.; §
`HONDA OF AMERICA MFG., INC.;
`§
`HONDA MANUFACTURING
`§
`OF ALABAMA, LLC; and
`§
`HONDA MANUFACTURING
`§
`OF INDIANA, LLC;
`§
`
`
`§
`
`Defendants.
`§
`
`
`
`
`
`
`
`
`C.A. No. 2:14-cv-00222
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`PLAINTIFF’S COMPLAINT
`
`Plaintiff Innovative Display Technologies LLC, by and through its undersigned counsel,
`
`files this Original Complaint for patent infringement against the following Defendants:
`
`American Honda Motor Co., Inc.;
`Honda of America Mfg., Inc.;
`Honda Manufacturing of Alabama, LLC; and
`Honda Manufacturing of Indiana, LLC
`
`(collectively “Honda”).
`
`THE PARTIES
`
`1.
`
`Plaintiff Innovative Display Technologies LLC (“IDT”) is a Texas limited
`
`liability company with its principal place of business at 2400 Dallas Parkway, Suite 200, Plano,
`
`Texas 75093.
`
`1
`
`LGE_000105
`
`LG Electronics Ex. 1003
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 2 of 12 PageID #: 2
`
`2.
`
`Defendant American Honda Motor Co., Inc. (“AHM”) is a California corporation
`
`with a place of business at 1919 Torrance Blvd., Torrance, California 90501. AHM is a wholly
`
`owned subsidiary of Honda Motor Co., Ltd., a Japanese corporation. On information and belief,
`
`AHM is responsible for distribution, marketing and sales of Honda and Acura brand automobiles
`
`in the United States.
`
`3.
`
`Defendant Honda of America Mfg., Inc. (“HAM”) is an Ohio corporation with a
`
`place of business at 24000 Honda Pkwy, Marysville, Ohio 43040. Its parent companies are
`
`Honda Motor Co., Ltd. and American Honda Motor Co., Inc.
`
`4.
`
`On information and belief, Defendant Honda Manufacturing of Alabama, LLC
`
`(“HMA”) is an Alabama limited liability company with a place of business at 1800 Honda Drive,
`
`Lincoln, Alabama 35096.
`
`5.
`
`On information and belief, Defendant Honda Manufacturing of Indiana, LLC
`
`(“HMIN”) is an Indiana limited liability company with a place of business at 2755 N. Michigan
`
`Ave., Greensburg, Indiana 47240.
`
`JURISDICTION AND VENUE
`
`6.
`
`This action arises under the Patent Laws of the United States, 35 U.S.C. § 271 et
`
`seq.
`
`7.
`
`This Court has subject matter jurisdiction over this case for Patent infringement
`
`under 28 U.S.C. §§ 1331 and 1338(a).
`
`2
`
`LGE_000106
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 3 of 12 PageID #: 3
`
`8.
`
`This Court has personal jurisdiction over Honda. On information and belief,
`
`Honda, either directly or through intermediaries, regularly sells products and services into this
`
`judicial district and manufactures products intended to be sold and in fact sold into and within
`
`this judicial district. Additionally, on information and belief, this Court has personal jurisdiction
`
`over Honda because Honda has committed, aided, abetted, contributed to, induced, and/or
`
`participated in the commission of acts within this judicial district giving rise to this action.
`
`9.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400 (b).
`
`PATENTS IN SUIT
`
`10.
`
`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 named inventor of the ’547 Patent. IDT
`
`owns the ’547 Patent and holds the right to sue and recover damages for infringement thereof.
`
`11.
`
`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 named inventor of the ’194 Patent.
`
`IDT owns the ’194 Patent and holds the right to sue and recover damages for infringement
`
`thereof.
`
`12.
`
`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 named inventor of the ’177 Patent. IDT
`
`owns the ’177 Patent and holds the right to sue and recover damages for infringement thereof.
`
`3
`
`LGE_000107
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 4 of 12 PageID #: 4
`
`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 named inventor of the ’816 Patent. IDT
`
`owns the ’816 Patent and holds the right to sue and recover damages for infringement thereof.
`
`14.
`
`U.S. Patent No. 6,508,563 titled “Light Emitting Panel Assemblies for Use in
`
`Automotive Applications and the Like” (“the ’563 Patent”) was duly and legally issued by the
`
`U.S. Patent and Trademark Office on January 21, 2003, after full and fair examination. Jeffery
`
`R. Parker, Mark D. Miller and Thomas A. Hough are the named inventors of the ’563 Patent.
`
`IDT owns the ’563 Patent and holds the right to sue and recover damages for infringement
`
`thereof.
`
`15.
`
`U.S. Patent No. 6,886,956 titled “Light Emitting Panel Assemblies for Use in
`
`Automotive Applications and the Like” (“the ’956 Patent”) was duly and legally issued by the
`
`U.S. Patent and Trademark Office on May 3, 2005, after full and fair examination. Jeffery R.
`
`Parker, Mark D. Miller and Thomas A. Hough are the named inventors of the ’956 Patent. IDT
`
`owns the ’956 Patent and holds the right to sue and recover damages for infringement thereof.
`
`
`
`
`
`4
`
`LGE_000108
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 5 of 12 PageID #: 5
`
`COUNT 1: Infringement of U.S. Patent No. 6,755,547
`
`16.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-15 as
`
`though fully set forth herein.
`
`17.
`
`On information and belief, Honda has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’547
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Honda’s Civic Si model) having displays, (including but
`
`not limited to the 39541-TS8-A61 navigation/entertainment display) that infringe one or more
`
`claims of the ’547 Patent, all to the injury of IDT. Honda is thus liable for infringement of the
`
`’547 Patent pursuant to 35 U.S.C. § 271.
`
`18.
`
`As a result of Honda’s infringement of the ’547 Patent, Honda has damaged IDT.
`
`Honda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`19.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’547 Patent.
`
`20.
`
`As a result of Honda’s infringement of the ’547 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Honda is enjoined by this Court.
`
`21.
`
`At least as early as its receipt of this Complaint, Honda has had knowledge of the
`
`’547 Patent and written notice of the infringement.
`
`
`
`
`
`5
`
`LGE_000109
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 6 of 12 PageID #: 6
`
`COUNT 2: Infringement of U.S. Patent No. 7,300,194
`
`22.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-21 as
`
`though fully set forth herein.
`
`23.
`
`On information and belief, Honda has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’194
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Honda’s Civic Si model) having displays, (including but
`
`not limited to the 39541-TS8-A61 navigation/entertainment display) that infringe one or more
`
`claims of the ’194 Patent, all to the injury of IDT. Honda is thus liable for infringement of the
`
`’194 Patent pursuant to 35 U.S.C. § 271.
`
`24.
`
`As a result of Honda’s infringement of the ‘194 Patent, Honda has damaged IDT.
`
`Honda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`25.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’194 Patent.
`
`26.
`
`As a result of Honda’s infringement of the ’194 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Honda is enjoined by this Court.
`
`27.
`
`At least as early as its receipt of this Complaint, Honda has had knowledge of the
`
`’194 Patent and written notice of the infringement.
`
`
`
`
`
`6
`
`LGE_000110
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 7 of 12 PageID #: 7
`
`COUNT 3: Infringement of U.S. Patent No. 7,384,177
`
`28.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-27 as
`
`though fully set forth herein.
`
`29.
`
`On information and belief, Honda has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’177
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Honda’s Civic Si model) having displays, (including but not
`
`limited to the 39541-TS8-A61 navigation/entertainment display) that infringe one or more claims
`
`of the ’177 Patent, all to the injury of IDT. Honda is thus liable for infringement of the ’177
`
`Patent pursuant to 35 U.S.C. § 271.
`
`30.
`
`As a result of Honda’s infringement of the ’177 Patent, Honda has damaged IDT.
`
`Honda is liable to IDT in an amount to be determined at trial that adequately compensates IDT for
`
`the infringement, which by law can be no less than a reasonable royalty.
`
`31.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’177 Patent.
`
`32.
`
`As a result of Honda’s infringement of the ’177 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Honda is enjoined by this Court.
`
`33.
`
`At least as early as its receipt of this Complaint, Honda has had knowledge of the
`
`’177 Patent and written notice of the infringement.
`
`
`
`
`
`7
`
`LGE_000111
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 8 of 12 PageID #: 8
`
`COUNT 4: Infringement of U.S. Patent No. 8,215,816
`
`34.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-33 as
`
`though fully set forth herein.
`
`35.
`
`On information and belief, Honda has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’816
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Honda’s Civic Si model) having displays, (including but
`
`not limited to the 39541-TS8-A61 navigation unit display) that infringe one or more claims of
`
`the ’816 Patent, all to the injury of IDT. Honda is thus liable for infringement of the ’816 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`36.
`
`As a result of Honda’s infringement of the ’816 Patent, Honda has damaged IDT.
`
`Honda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`37.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’816 Patent.
`
`38.
`
`As a result of Honda’s infringement of the ’816 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Honda is enjoined by this Court.
`
`39.
`
`At least as early as its receipt of this Complaint, Honda has had knowledge of the
`
`‘816 Patent and written notice of the infringement.
`
`
`
`
`
`8
`
`LGE_000112
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 9 of 12 PageID #: 9
`
`COUNT 5: Infringement of U.S. Patent No. 6,508,563
`
`40.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-39 as
`
`though fully set forth herein.
`
`41.
`
`On information and belief, Honda has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’563
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Honda’s Odyssey LX model) having lights (including but
`
`not limited to the 33550-TK8-A11, 33500-TK8-A11, 34155-TK8-A11 and 34150-TK8-A11 rear
`
`light assemblies) that infringe one or more claims of the ’563 Patent, all to the injury of IDT.
`
`Honda is thus liable for infringement of the ’563 Patent pursuant to 35 U.S.C. § 271.
`
`42.
`
`As a result of Honda’s infringement of the ’563 Patent, Honda has damaged IDT.
`
`Honda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`43.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’563 Patent.
`
`44.
`
`As a result of Honda’s infringement of the ’563 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Honda is enjoined by this Court.
`
`45.
`
`At least as early as its receipt of this Complaint, Honda has had knowledge of the
`
`’563 Patent and written notice of the infringement.
`
`
`
`
`
`9
`
`LGE_000113
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 10 of 12 PageID #: 10
`
`COUNT 6: Infringement of U.S. Patent No. 6,886,956
`
`46.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-45 as
`
`though fully set forth herein.
`
`47.
`
`On information and belief, Honda has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’956
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Honda’s Odyssey LX model) having lights (including but
`
`not limited to the 33550-TK8-A11, 33500-TK8-A11, 34155-TK8-A11 and 34150-TK8-A11 rear
`
`light assemblies) that infringe one or more claims of the ’956 Patent, all to the injury of IDT.
`
`Honda is thus liable for infringement of the ’956 Patent pursuant to 35 U.S.C. § 271.
`
`48.
`
`As a result of Honda’s infringement of the ’956 Patent, Honda has damaged IDT.
`
`Honda is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`49.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’956 Patent.
`
`50.
`
`As a result of Honda’s infringement of the ’956 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Honda is enjoined by this Court.
`
`51.
`
`At least as early as its receipt of this Complaint, Honda has had knowledge of the
`
`’956 Patent and written notice of the infringement.
`
`
`
`
`
`10
`
`LGE_000114
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 11 of 12 PageID #: 11
`
`JURY DEMAND
`
`52.
`
`Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of
`
`Civil Procedure.
`
`PRAYER FOR RELIEF
`
`53.
`
`Plaintiff respectfully requests that the Court find in its favor and against Honda,
`
`and that the Court grant Plaintiff the following relief:
`
`A.
`
`A judgment that Honda has infringed the patents-in-suit as alleged herein, directly
`
`and/or indirectly by way of inducing infringement of such patents;
`
`B.
`
`A judgment for an accounting of all damages sustained by Plaintiff as a result of
`
`the acts of infringement by Honda;
`
`C.
`
`A judgment and order requiring Honda to pay Plaintiff damages under 35 U.S.C.
`
`§ 284, including up to treble damages for willful infringement as provided by 35
`
`U.S.C. § 284, and any royalties determined to be appropriate;
`
`D.
`
`A permanent injunction enjoining Honda and its officers, directors, agents,
`
`servants, employees, affiliates, divisions, branches, subsidiaries, parents and all
`
`others acting in concert or privity with them from direct and/or indirect
`
`infringement of the patents-in-suit pursuant to 35 U.S.C. § 283;
`
`E.
`
`A judgment and order requiring Honda to pay Plaintiff pre-judgment and post-
`
`judgment interest on the damages awarded;
`
`F.
`
`Such other and further relief as the Court deems just and equitable.
`
`
`
`
`
`
`
`11
`
`LGE_000115
`
`

`

`Case 2:14-cv-00222 Document 1 Filed 03/13/14 Page 12 of 12 PageID #: 12
`
`Dated: March 13, 2014
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/ Demetrios Anaipakos
`Demetrios Anaipakos
`Texas Bar No. 00793258
`danaipakos@azalaw.com
`Amir Alavi
`Texas Bar No. 00793239
`aalavi@azalaw.com
`Brian E. Simmons
`Texas Bar No. 24004922
`bsimmons@azalaw.com
`George W. Webb III
`Texas Bar No. 24003146
`gwebb@azalaw.com
`AHMAD, ZAVITSANOS, ANAIPAKOS,
`
`ALAVI &MENSING P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
`Attorneys for Plaintiff
`INNOVATIVE DISPLAY
`TECHNOLOGIES LLC
`
`12
`
`LGE_000116
`
`

`

`JS 44 (Rev. 12/12)
`
`Case 2:14-cv-00222 Document 1-1 Filed 03/13/14 Page 1 of 1 PageID #: 13
` CIVIL COVER SHEET
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
`I. (a) PLAINTIFFS
`DEFENDANTS
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`
`NOTE:
`
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
` Attorneys (If Known)
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`’ 1 U.S. Government
`Plaintiff
`
`’ 3 Federal Question
`(U.S. Government Not a Party)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
` and One Box for Defendant)
` PTF DEF
` PTF
` DEF
`Incorporated or Principal Place
`Citizen of This State
`’ 1
`’ 1
`’ 4
`’ 4
` of Business In This State
`
`’ 2 U.S. Government
`Defendant
`
`’ 4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`’ 2
`
`’ 2
`
`Incorporated and Principal Place
`of Business In Another State
`
`’ 5
`
`’ 5
`
`Citizen or Subject of a
` Foreign Country
`
`’ 3
`
`’ 3
`
`Foreign Nation
`
`’ 6
`
`’ 6
`
`BANKRUPTCY
`FORFEITURE/PENALTY
`’ 422 Appeal 28 USC 158
`’ 625 Drug Related Seizure
` of Property 21 USC 881 ’ 423 Withdrawal
`’ 690 Other
` 28 USC 157
`
`OTHER STATUTES
`’ 375 False Claims Act
`’ 400 State Reapportionment
`’ 410 Antitrust
`’ 430 Banks and Banking
`’ 450 Commerce
`’ 460 Deportation
`’ 470 Racketeer Influenced and
` Corrupt Organizations
`’ 480 Consumer Credit
`’ 490 Cable/Sat TV
`’ 850 Securities/Commodities/
` Exchange
`’ 890 Other Statutory Actions
`’ 891 Agricultural Acts
`’ 893 Environmental Matters
`’ 895 Freedom of Information
` Act
`’ 896 Arbitration
`’ 899 Administrative Procedure
` Act/Review or Appeal of
` Agency Decision
`’ 950 Constitutionality of
` State Statutes
`
`PROPERTY RIGHTS
`’ 820 Copyrights
`’ 830 Patent
`’ 840 Trademark
`
`SOCIAL SECURITY
`’ 861 HIA (1395ff)
`’ 862 Black Lung (923)
`’ 863 DIWC/DIWW (405(g))
`’ 864 SSID Title XVI
`’ 865 RSI (405(g))
`
`FEDERAL TAX SUITS
`’ 870 Taxes (U.S. Plaintiff
` or Defendant)
`’ 871 IRS—Third Party
` 26 USC 7609
`
`IMMIGRATION
`’ 462 Naturalization Application
`’ 465 Other Immigration
` Actions
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
` PERSONAL INJURY
` PERSONAL INJURY
`’ 110 Insurance
`’ 120 Marine
`’ 310 Airplane
`’ 365 Personal Injury -
`’ 130 Miller Act
`’ 315 Airplane Product
` Product Liability
`’ 140 Negotiable Instrument
` Liability
`’ 367 Health Care/
`’ 150 Recovery of Overpayment ’ 320 Assault, Libel &
` Pharmaceutical
` & Enforcement of Judgment
` Slander
` Personal Injury
`’ 151 Medicare Act
`’ 330 Federal Employers’
` Product Liability
`’ 152 Recovery of Defaulted
` Liability
`’ 368 Asbestos Personal
` Student Loans
`’ 340 Marine
` Injury Product
`LABOR
` (Excludes Veterans)
`’ 345 Marine Product
` Liability
` PERSONAL PROPERTY ’ 710 Fair Labor Standards
`’ 153 Recovery of Overpayment
` Liability
` of Veteran’s Benefits
`’ 350 Motor Vehicle
`’ 370 Other Fraud
` Act
`’ 160 Stockholders’ Suits
`’ 355 Motor Vehicle
`’ 371 Truth in Lending
`’ 720 Labor/Management
`’ 190 Other Contract
` Product Liability
`’ 380 Other Personal
` Relations
`’ 195 Contract Product Liability ’ 360 Other Personal
` Property Damage
`’ 740 Railway Labor Act
`’ 196 Franchise
` Injury
`’ 385 Property Damage
`’ 751 Family and Medical
`’ 362 Personal Injury -
` Product Liability
` Leave Act
` Medical Malpractice
`’ 790 Other Labor Litigation
` CIVIL RIGHTS
` PRISONER PETITIONS ’ 791 Employee Retirement
`Habeas Corpus:
`’ 440 Other Civil Rights
` Income Security Act
`’ 441 Voting
`’ 463 Alien Detainee
`’ 442 Employment
`’ 510 Motions to Vacate
`’ 443 Housing/
` Sentence
` Accommodations
`’ 530 General
`’ 445 Amer. w/Disabilities - ’ 535 Death Penalty
`Other:
` Employment
`’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other
` Other
`’ 550 Civil Rights
`’ 555 Prison Condition
`’ 448 Education
`’ 560 Civil Detainee -
` Conditions of
` Confinement
`
` REAL PROPERTY
`’ 210 Land Condemnation
`’ 220 Foreclosure
`’ 230 Rent Lease & Ejectment
`’ 240 Torts to Land
`’ 245 Tort Product Liability
`’ 290 All Other Real Property
`
`V. ORIGIN (Place an “X” in One Box Only)
`’ 1 Original
`’ 2 Removed from
`Proceeding
`State Court
`
`’ 3 Remanded from
`Appellate Court
`
`’ 4 Reinstated or
`Reopened
`
`’ 6 Multidistrict
`Litigation
`
`’ 5 Transferred from
`Another District
`(specify)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`
`Brief description of cause:
`
`’ CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`’ Yes
`’ No
`JURY DEMAND:
`
`(See instructions):
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`DOCKET NUMBER
`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
` COMPLAINT:
`VIII. RELATED CASE(S)
` IF ANY
`DATE
`
`FOR OFFICE USE ONLY
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`LGE_000117
`
`

`

`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 1 of 29 PageID #: 1
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`INNOVATIVE DISPLAY
`TECHNOLOGIES LLC AND
`DELAWARE DISPLAY GROUP LLC
`
`
`
`Plaintiffs,
`
`
`v.
`
`AT&T INC. AND
`AT&T MOBILITY LLC,
`
`Defendants.
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`C.A. No. ____
`
`JURY TRIAL DEMANDED
`
`PLAINTIFFS’ COMPLAINT
`
`Innovative Display Technologies LLC and Delaware Display Group LLC (collectively,
`
`“Plaintiffs”) by and through their undersigned counsel, file this Complaint against AT&T Inc. and
`
`AT&T Mobility LLC (collectively, “AT&T”).
`
`THE PARTIES
`
`1.
`
`Innovative Display Technologies LLC (“IDT”) is a Texas limited liability company
`
`with its principal place of business located at 2400 Dallas Parkway, Suite 200, Plano, Texas 75093.
`
`2.
`
`Delaware Display Group LLC (“DDG”) is a Delaware limited liability company
`
`with its principal place of business located at 2400 Dallas Parkway, Suite 200, Plano, Texas 75093.
`
`3.
`
`On information and belief, AT&T Inc. is a Delaware corporation with its principal
`
`place of business at 208 Akard Street, Dallas, Texas 75202 and regularly does business throughout
`
`this judicial district. AT&T Inc.’s registered agent for service of process in Texas is CT
`
`Corporation System, 350 N. St. Paul St., Dallas, Texas 75201.
`
`
`
`1
`
`LGE_000118
`
`

`

`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 2 of 29 PageID #: 2
`
`4.
`
`On information and belief, AT&T Mobility LLC is a Delaware corporation with its
`
`principal place of business at Glenridge Highlands Two, 5565 Glenridge Connector, Atlanta,
`
`Georgia 30342. AT&T Mobility LLC’s registered agent for service of process in Texas is CT
`
`Corporation System, 350 N. St. Paul St., Dallas, Texas 75201.
`
`5.
`
`Upon information and belief, AT&T 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.
`
`JURISDICTION AND VENUE
`
`6.
`
`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).
`
`7.
`
`As further detailed herein, this Court has personal jurisdiction over AT&T. AT&T
`
`is amenable to service of summons for this action. Furthermore, personal jurisdiction over AT&T
`
`Inc. in this action comports with due process. AT&T Inc. has headquarters at 208 Akard Street,
`
`Dallas, Texas 75202, and AT&T maintains at least twenty (20) stores in this District. AT&T has
`
`conducted and regularly conducts business within the United States, this State, and this District.
`
`AT&T has purposefully availed itself of the privileges of conducting business in the United States,
`
`and more specifically in Texas and this District. AT&T has sought protection and benefit from the
`
`laws of the State of Texas by maintaining corporate headquarters in Texas, by maintaining stores
`
`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.
`
`8.
`
`AT&T – directly or through intermediaries (including distributors, retailers, and
`
`others), subsidiaries, alter egos, and/or agents – ships, distributes, offers for sale, and/or sells its
`
`
`
`2
`
`LGE_000119
`
`

`

`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 3 of 29 PageID #: 3
`
`products in the United States and this District. AT&T 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. AT&T
`
`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, AT&T 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 AT&T’s activities in this District.
`
`9.
`
`Venue is proper in this Court under 28 U.S.C. §§ 1391(b), (c), and (d), as well as
`
`28 U.S.C. § 1400(b). One or more of IDT’s witnesses reside in this District. AT&T is subject to
`
`personal jurisdiction in this District, and therefore is deemed to reside in this District for purposes
`
`of venue, and, upon information and belief, AT&T 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 that is available to persons in this District, which website
`
`advertises, markets, and/or offers for sale infringing products.
`
`BACKGROUND
`
`A.
`
`The Patents-In-Suit.
`
`10.
`
`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.
`
`
`
`3
`
`LGE_000120
`
`

`

`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 4 of 29 PageID #: 4
`
`11.
`
`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.
`
`12.
`
`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.
`
`13.
`
`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.
`
`14.
`
`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.
`
`15.
`
`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.
`
`16.
`
`U.S. Patent No. 7,914,196 titled “Light Redirecting Film Systems Having Pattern
`
`of Variable Optical Elements” (“the ’196 patent”) was duly and legally issued by the U.S. Patent
`
`and Trademark Office on March 29, 2011, after full and fair examination. Jeffery R. Parker,
`
`Timothy A. McCollum, and Robert M. Ezell are the inventors listed on the ’196 patent.
`
`17.
`
`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.
`
`18.
`
`The ’196 patent is referred to as the “DDG patent.”
`
`
`
`4
`
`LGE_000121
`
`

`

`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 5 of 29 PageID #: 5
`
`19.
`
`The ’547 patent, the ’194 patent, the ’177 patent, the ’660 patent, the ’974 patent,
`
`the ’370 patent, and the ’816 patent are collectively referred to as the “IDT patents.” Together,
`
`the “DDG patent” and the “IDT patents” are the “patents-in-suit.”
`
`20.
`
`On June 26, 2013, IDT was assigned all of the right, title, and interest in the IDT
`
`patents, including the exclusive right to sue and collect for its own us