Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 1 of 29 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`C.A. No. ____
`
`JURY TRIAL DEMANDED
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`INNOVATIVE DISPLAY
`TECHNOLOGIES LLC AND
`DELAWARE DISPLAY GROUP LLC
`
`
`
`Plaintiffs,
`
`
`v.
`
`AT&T INC. AND
`AT&T MOBILITY LLC,
`
`Defendants.
`
`
`
`
`
`
`
`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
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`LGE_000221
`
`LG Electronics Ex. 1003
`
`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 2 of 29 PageID #: 2
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`4.
`
`On information and belief, AT&T Mobility LLC is a Delaware corporation with its
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`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
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`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_000222
`
`

`
`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 3 of 29 PageID #: 3
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`products in the United States and this District. AT&T has purposefully and voluntarily placed one
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`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
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`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
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`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
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`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
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`sales in this District, providing service and support to their respective customers in this District,
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`and/or operating an interactive website that is available to persons in this District, which website
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`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_000223
`
`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 4 of 29 PageID #: 4
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`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_000224
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`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 5 of 29 PageID #: 5
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`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 use and benefit all claims for
`
`damages by reason of past infringement or use of the IDT patents.
`
`21.
`
`On December 20, 2013, DDG was assigned all of the right, title, and interest in the
`
`DDG patent, including the exclusive right to sue and collect for its own use and benefit all claims
`
`for damages by reason of past infringement or use of the DDG patent.
`
`22.
`
`The patents-in-suit all share the same ultimate parent patent, U.S. Patent No.
`
`5,613,751. The patents-in-suit share inventors, subject matter, and claim terms. The accused
`
`products infringe the patents-in-suit based on the use of the same technology, e.g., backlights for
`
`LCDs. And IDT and DDG share a common corporate parent.
`
`B.
`
`AT&T’s Infringing Conduct.
`
`23.
`
`Upon information and belief, AT&T offers to sell and/or sells within and/or imports
`
`into the United States display products that use the fundamental technologies covered by the
`
`patents-in-suit. Upon information and belief, the infringing display products include, but are not
`
`limited to mobile phones and tablets with an LCD.
`
`24.
`
`By incorporating the fundamental inventions covered by the patents-in-suit, AT&T
`
`can sell improved products, including but not limited to, products with longer displays, thinner
`
`displays, and/or displays with a higher light output, a more uniform light output, a lower power
`
`requirement, and/or a longer battery life.
`
`
`
`5
`
`LGE_000225
`
`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 6 of 29 PageID #: 6
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`25.
`
`Upon information and belief, third-party distributors purchase and have purchased
`
`AT&T’s infringing display products for sale or importation into the United States, including in
`
`this District.
`
`26.
`
`Upon information and belief, AT&T has purchased infringing display products that
`
`are made, used, offered for sale, sold within, and/or imported into the United States, including in
`
`this District by third party manufacturers, distributors, and/or importers. Upon information and
`
`belief, third-party consumers use and have used infringing display products sold by AT&T in the
`
`United States, including in this District.
`
`27.
`
`Certain infringing display products sold, offered for sale, and/or imported by AT&T
`
`are manufactured by Samsung Electronics Co., Ltd. and/or its subsidiaries (“Samsung
`
`Manufactured Products”). For only the Samsung Manufactured Products, IDT limits the
`
`infringement allegations in this complaint solely to units of those display products that were
`
`manufactured after March 2, 2014. For all other display products sold, offered for sale, or imported
`
`by AT&T, IDT maintains the infringement allegations in this complaint for the entire pre- and
`
`post-lawsuit damages period available under law.
`
`COUNT I
`
`Patent Infringement of U.S. Patent No. 6,755,547
`
`28.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-27 as
`
`though fully set forth herein.
`
`29.
`
`The ’547 patent is valid and enforceable.
`
`30.
`
`31.
`
`AT&T 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, IDT has complied with the requirements of that statute by providing actual or
`
`constructive notice to AT&T of its alleged infringement. Upon information and belief, IDT
`
`
`
`6
`
`LGE_000226
`
`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 7 of 29 PageID #: 7
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`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.
`
`32.
`
`Upon information and belief, AT&T 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 offering
`
`to sell and/or selling to third-party 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 mobile phones
`
`and tablets with an LCD (e.g., Samsung Galaxy Mega, Samsung Galaxy S4 Active, Samsung
`
`Galaxy Tab 2, and Samsung Galaxy Note 8), their display components, and/or other products sold,
`
`offered for sale, or imported by AT&T that include all of the limitations of one or more claims of
`
`the ’547 patent.
`
`33.
`
`Upon information and belief, distributors and consumers that purchase AT&T’s
`
`display products that include all of the limitations of one or more claims of the ’547 patent,
`
`including but not limited to mobile phones and tablets with an LCD (e.g., Samsung Galaxy Mega,
`
`Samsung Galaxy S4 Active, Samsung Galaxy Tab 2, and Samsung Galaxy Note 8), 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 to third-party distributors 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, those infringing display products.
`
`
`
`7
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`LGE_000227
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`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 8 of 29 PageID #: 8
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`34.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to AT&T 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 (directly or
`
`through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
`
`within the United States and/or importing infringing products into the United States.
`
`35.
`
`Upon information and belief, AT&T 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.
`
`36.
`
`Upon information and belief, since at least the above-mentioned date of notice,
`
`AT&T has actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
`
`importers and/or consumers that purchase or sell display products that include all of the limitations
`
`of one or more claims of the ’547 patent, including but not limited to mobile phones and tablets
`
`with an LCD (e.g., Samsung Galaxy Mega, Samsung Galaxy S4 Active, Samsung Galaxy Tab 2,
`
`and Samsung Galaxy Note 8), to directly infringe one or more claims of the ’547 patent. Since at
`
`least the notice provided on the above-mentioned date, AT&T does so with knowledge, or with
`
`willful blindness of the fact, that the induced acts constitute infringement of the ’547 patent.
`
`37.
`
`Upon information and belief, AT&T intends to cause, and has taken affirmative
`
`steps to induce, infringement by these third-party manufacturers, distributors, importers, and/or
`
`consumers 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
`
`
`
`8
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`LGE_000228
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`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 9 of 29 PageID #: 9
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`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, AT&T has
`
`encroached on the exclusive rights of IDT and its licensees to practice the ’547 patent, for which
`
`IDT is entitled to at least a reasonable royalty.
`
`COUNT II
`
`Patent Infringement of U.S. Patent No. 7,300,194
`
`39.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-38 as
`
`though fully set forth herein
`
`40.
`
`The ’194 patent is valid and enforceable.
`
`41.
`
`42.
`
`AT&T 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, IDT has complied with the requirements of that statute by providing actual or
`
`constructive notice to AT&T of its alleged infringement. Upon information and belief, IDT
`
`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.
`
`43.
`
`Upon information and belief, AT&T 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 offering
`
`to sell and/or selling to third-party 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
`
`
`
`9
`
`LGE_000229
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`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 10 of 29 PageID #: 10
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`limitations of one or more claims of the ’194 patent, including but not limited to mobile phones
`
`and tablets with an LCD (e.g., Samsung Galaxy Mega, Samsung Galaxy S4 Active, Samsung
`
`Galaxy Tab 2, and Samsung Galaxy Note 8), their display components, and/or other products sold,
`
`offered for sale, or imported by AT&T that include all of the limitations of one or more claims of
`
`the ’194 patent.
`
`44.
`
`Upon information and belief, distributors and consumers that purchase AT&T’s
`
`display products that include all of the limitations of one or more claims of the ’194 patent,
`
`including but not limited to mobile phones and tablets with an LCD (e.g., Samsung Galaxy Mega,
`
`Samsung Galaxy S4 Active, Samsung Galaxy Tab 2, and Samsung Galaxy Note 8), 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 to third-party distributors 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, those infringing display products.
`
`45.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to AT&T 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 (directly or
`
`through intermediaries and/or subsidiaries) 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, AT&T 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.
`
`
`
`10
`
`LGE_000230
`
`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 11 of 29 PageID #: 11
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`47.
`
`Upon information and belief, since at least the above-mentioned date of notice,
`
`AT&T has actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
`
`importers and/or consumers that purchase or sell display products that include all of the limitations
`
`of one or more claims of the ’194 patent, including but not limited to mobile phones and tablets
`
`with an LCD (e.g., Samsung Galaxy Mega, Samsung Galaxy S4 Active, Samsung Galaxy Tab 2,
`
`and Samsung Galaxy Note 8), to directly infringe one or more claims of the ’194 patent. Since at
`
`least the notice provided on the above-mentioned date, AT&T does so with knowledge, or with
`
`willful blindness of the fact, that the induced acts constitute infringement of the ’194 patent.
`
`48.
`
`Upon information and belief, AT&T intends to cause, and has taken affirmative
`
`steps to induce, infringement by these third-party manufacturers, distributors, importers, and/or
`
`consumers 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.
`
`49.
`
`As a direct and proximate result of these acts of patent infringement, AT&T has
`
`encroached on the exclusive rights of IDT and its licensees to practice the ’194 patent, for which
`
`IDT is entitled to at least a reasonable royalty.
`
`COUNT III
`
`Patent Infringement of U.S. Patent No. 7,384,177
`
`50.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-49 as
`
`though fully set forth herein.
`
`51.
`
`The ’177 patent is valid and enforceable.
`
`
`
`11
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`LGE_000231
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`

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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 12 of 29 PageID #: 12
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`52.
`
`53.
`
`AT&T 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, IDT has complied with the requirements of that statute by providing actual or
`
`constructive notice to AT&T of its alleged infringement. Upon information and belief, IDT
`
`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.
`
`54.
`
`Upon information and belief, AT&T 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 offering
`
`to sell and/or selling to third-party 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 mobile phones
`
`and tablets with an LCD (e.g., Samsung Galaxy Mega, Samsung Galaxy S4 Active, Samsung
`
`Galaxy Tab 2, and Samsung Galaxy Note 8), their display components, and/or other products sold,
`
`offered for sale, or imported by AT&T that include all of the limitations of one or more claims of
`
`the ’177 patent.
`
`55.
`
`Upon information and belief, distributors and consumers that purchase AT&T’s
`
`display products that include all of the limitations of one or more claims of the ’177 patent,
`
`including but not limited to mobile phones and tablets with an LCD (e.g., Samsung Galaxy Mega,
`
`Samsung Galaxy S4 Active, Samsung Galaxy Tab 2, and Samsung Galaxy Note 8), also directly
`
`
`
`12
`
`LGE_000232
`
`

`
`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 13 of 29 PageID #: 13
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`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 to third-party distributors 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, those infringing display products.
`
`56.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to AT&T 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 (directly or
`
`through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
`
`within the United States and/or importing infringing products into the United States.
`
`57.
`
`Upon information and belief, AT&T 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.
`
`58.
`
`Upon information and belief, since at least the above-mentioned date of notice,
`
`AT&T has actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
`
`importers and/or consumers that purchase or sell display products that include all of the limitations
`
`of one or more claims of the ’177 patent, including but not limited to mobile phones and tablets
`
`with an LCD (e.g., Samsung Galaxy Mega, Samsung Galaxy S4 Active, Samsung Galaxy Tab 2,
`
`and Samsung Galaxy Note 8), to directly infringe one or more claims of the ’177 patent. Since at
`
`least the notice provided on the above-mentioned date, AT&T does so with knowledge, or with
`
`willful blindness of the fact, that the induced acts constitute infringement of the ’177 patent.
`
`59.
`
`Upon information and belief, AT&T intends to cause, and has taken affirmative
`
`steps to induce, infringement by these third-party manufacturers, distributors, importers, and/or
`
`
`
`13
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`LGE_000233
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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 14 of 29 PageID #: 14
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`consumers 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.
`
`60.
`
`As a direct and proximate result of these acts of patent infringement, AT&T has
`
`encroached on the exclusive rights of IDT and its licensees to practice the ’177 patent, for which
`
`IDT is entitled to at least a reasonable royalty.
`
`COUNT IV
`
`Patent Infringement of U.S. Patent No. 7,404,660
`
`61.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-60 as
`
`though fully set forth herein.
`
`62.
`
`The ’660 patent is valid and enforceable.
`
`63.
`
`64.
`
`AT&T 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, IDT has complied with the requirements of that statute by providing actual or
`
`constructive notice to AT&T of its alleged infringement. Upon information and belief, IDT
`
`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.
`
`65.
`
`Upon information and belief, AT&T 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,
`
`
`
`14
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`LGE_000234
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`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’660 patent by offering
`
`to sell and/or selling to third-party 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 mobile phones
`
`and tablets with an LCD (e.g., Samsung Galaxy Mega, Samsung Galaxy S4 Active, Samsung
`
`Galaxy Tab 2, and Samsung Galaxy Note 8), their display components, and/or other products sold,
`
`offered for sale, or imported by AT&T that include all of the limitations of one or more claims of
`
`the ’660 patent.
`
`66.
`
`Upon information and belief, distributors and consumers that purchase AT&T’s
`
`display products that include all of the limitations of one or more claims of the ’660 patent,
`
`including but not limited to mobile phones and tablets with an LCD (e.g., Samsung Galaxy Mega,
`
`Samsung Galaxy S4 Active, Samsung Galaxy Tab 2, and Samsung Galaxy Note 8), 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 to third-party distributors 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, those infringing display products.
`
`67.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to AT&T 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 (directly or
`
`through intermediaries and/or subsidiaries) infringing products in this District and elsewhere
`
`within the United States and/or importing infringing products into the United States.
`
`
`
`15
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`LGE_000235
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`Case 2:14-cv-00720 Document 1 Filed 06/25/14 Page 16 of 29 PageID #: 16
`
`68.
`
`Upon information and belief, AT&T 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.
`
`69.
`
`Upon information and belief, since at least the above-mentioned date of notice,
`
`AT&T has actively induced, under U.S.C. § 271(b), third-party manufacturers, distributors,
`
`importers and/or consumers that purchase or sell display products that include all of the limitations
`
`of one or more claims of the ’660 patent, including but not limited to mobile phones and tablets
`
`with an LCD (e.g., Samsung Galaxy Mega, Samsung Galaxy S4 Active, Samsung Galaxy Tab 2,
`
`and Samsung Galaxy Note 8), to directly infringe one or more claims of the ’660 patent. Since at
`
`least the notice provided on the above-mentioned date, AT&T does so with knowledge, or with
`
`willful blindness of the fact, that the induced acts constitute infringement of the ’660 patent.
`
`70.
`
`Upon information and belief, AT&T intends to cause, and has taken affirmative
`
`steps to induce, infringement by these third-party manufacturers, distributors, importers, and/or
`
`consumers 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.
`
`71.
`
`As a direct and proximate result of these acts of patent infringement, AT&T has
`
`encroached