Case 1:14-cv-00849-RGA Document 1 Filed 06/30/14 Page 1 of 16 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. ________________
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`JURY TRIAL DEMANDED
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`INNOVATIVE DISPLAY
`TECHNOLOGIES LLC,
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`Plaintiff,
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`v.
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`FORD MOTOR COMPANY,
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`Defendant.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`Plaintiff Innovative Display Technologies LLC, by and through its undersigned counsel,
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`files this Original Complaint for patent infringement against Defendant Ford Motor Company.
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`THE PARTIES
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`1.
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`Plaintiff Innovative Display Technologies LLC (“IDT”) is a Texas limited
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`liability company with a place of business at 2400 Dallas Parkway, Suite 200, Plano, Texas
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`75093.
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`2.
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`Defendant Ford Motor Company (‘Ford”) is a Delaware corporation having a
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`principal place of business at 1 American Road, Dearborn, MI 48126. Ford makes and sells
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`automobile brands including Ford and Lincoln.
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the Patent Laws of the United States, 35 U.S.C. § 271 et
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`seq.
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`1
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`PETITIONER EX. 1009 Page 1
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`4.
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`This Court has subject matter jurisdiction over this case for patent infringement
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`under 28 U.S.C. §§ 1331 and 1338(a).
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`5.
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`This Court has personal jurisdiction over Ford. Ford is incorporated in the State
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`of Delaware. Additionally, on information and belief, Ford, either directly or through
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`intermediaries, regularly manufactures, imports and sells vehicles, including vehicles with
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`infringing components, intended to be sold and in fact sold into and within this state and this
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`judicial district.
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`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400 (b).
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`6.
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`PATENTS IN SUIT
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`7.
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`U.S. Patent No. 6,755,547 titled “Light Emitting Panel Assemblies” (“the ’547
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`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on June 29, 2004,
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`after full and fair examination. Jeffery R. Parker is the named inventor of the ’547 Patent. IDT
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`owns the ’547 Patent and holds the right to sue and recover damages for infringement thereof. A
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`true and correct copy of the ’547 Patent is attached as Exhibit 1.
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`8.
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`U.S. Patent No. 7,300,194 titled “Light Emitting Panel Assemblies” (“the ’194
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`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on November 27,
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`2007, after full and fair examination. Jeffery R. Parker is the named inventor of the ’194 Patent.
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`IDT owns the ’194 Patent and holds the right to sue and recover damages for infringement
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`thereof. A true and correct copy of the ’194 Patent is attached as Exhibit 2.
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`9.
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`U.S. Patent No. 7,384,177 titled “Light Emitting Panel Assemblies” (“the ’177
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`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on June 10, 2008,
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`PETITIONER EX. 1009 Page 2
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`after full and fair examination. Jeffery R. Parker is the named inventor of the ’177 Patent. IDT
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`owns the ’177 Patent and holds the right to sue and recover damages for infringement thereof. A
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`true and correct copy of the ’177 Patent is attached as Exhibit 3.
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`10.
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`U.S. Patent No. 7,404,660 titled “Light Emitting Panel Assemblies” (“the ’660
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`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on July 29, 2008,
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`after full and fair examination. Jeffery R. Parker is the named inventor of the ’660 Patent. IDT
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`owns the ’660 Patent and holds the right to sue and recover damages for infringement thereof. A
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`true and correct copy of the ’660 Patent is attached as Exhibit 4.
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`11.
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`U.S. Patent No. 7,434,974 titled “Light Emitting Panel Assemblies” (“the ’974
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`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on October 14,
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`2008, after full and fair examination. Jeffery R. Parker is the named inventor of the ’974 Patent.
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`IDT owns the ’974 Patent and holds the right to sue and recover damages for infringement
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`thereof. A true and correct copy of the ’974 Patent is attached as Exhibit 5.
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`12.
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`U.S. Patent No. 8,215,816 titled “Light Emitting Panel Assemblies” (“the ’816
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`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on July 10, 2012,
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`after full and fair examination. Jeffery R. Parker is the named inventor of the ’816 Patent. IDT
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`owns the ’816 Patent and holds the right to sue and recover damages for infringement thereof. A
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`true and correct copy of the ’816 Patent is attached as Exhibit 6.
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`13.
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`The ’547, ’194, ’177, ’660, ’974 and ’816 patents relate to back-lighting
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`assemblies as used in LCD display units. A typical LCD display unit includes a liquid crystal
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`display, behind which is a panel assembly for back-lighting the LCD. Elements of the back-
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`lighting assembly include a light-conducting panel that acts as a light guide; light sources located
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`around thhe perimeterr of the pannel; optical ssheets or filmms placed bbetween the
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`light-conduucting
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`panel andd the LCD screen; and aa tray or houusing for the
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`assembly. LLight enterss the panel frrom a
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`panel s within the pcal elementspanel. Opticmeter of the pon the perimces located olight source or sourc
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`cause the light to bbe emitted ooutward from the paneel toward annd through
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`overlyingg the panel. For illustrattion only, a ssimplified abbstract repreesentation is
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`As furrther detaileed below, thee inventionss of the ’5477, ’194, ’1777, ’660, ’9744 and
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`the LCD s
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`creen
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`provided beelow:
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`144.
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`’816 pateents are direected to seveeral differentt light emittiing panel as
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`sembly conffigurations wwhich
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`provide ffor better diistribution oof the light ooutput fromm the panel aassembly annd more effificient
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`utilization of light.
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`5.
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`U.S. PPatent No.
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`6,886,956 tiitled “Light Emitting PPanel Assemmblies for UUse in
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`Automottive Applications and thhe Like” (“thhe ’956 Pateent”) was duuly and legaally issued bby the
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`U.S. Pateent & Tradeemark Officce on May 33, 2005, afteer full and ffair examinaation. Jeffe
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`ry R.
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`PETITIONER EX. 1009 Page 4
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`Parker, Mark D. Miller and Thomas A. Hough are the named inventors of the ’956 Patent. IDT
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`owns the ’956 Patent and holds the right to sue and recover damages for infringement thereof. A
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`true and correct copy of the ’956 Patent is attached as Exhibit 7.
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`16.
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`The ’956 Patent relates to light-emitting assemblies used in exterior components
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`of automobiles, such as head lights and tail lights.
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`17.
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`As further detailed below, the invention of the ’956 Patent is directed to a light-
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`emitting assembly that includes a light guide which receives light from an LED at one end. The
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`light guide contains optical elements that cause the light to be directed outward through the side
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`of the light guide in a desired manner, thereby illuminating a portion of the head light or tail
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`light.
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`COUNT 1: Infringement of U.S. Patent No. 6,755,547
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`18.
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`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-17 as
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`though fully set forth herein.
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`19.
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`On information and belief, LCD navigation display units found in Ford
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`automobiles practice one or more claims of the ’547 Patent. In particular, infringing Ford LCD
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`navigation display units include a light emitting assembly containing 1) a light emitting member
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`having a light emitting area emitting light that is internally reflected, 2) a transparent sheet or
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`film overlying the light emitting area with an air gap in between, 3) a pattern of deformities on
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`one side of the sheet or film whose width and length are much smaller than the sheet or film.
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`Furthermore, the deformities vary at different locations on the sheet or film to direct light from
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`the light emitting member in different directions to produce a desired light output distribution,
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`such that the light passes through an LCD with low loss. These infringing display units include,
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`for example, the DS7Z-10D885-FA navigation system display found in various model years of
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`the Ford Fusion Hybrid, and similar LCD display units.
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`20.
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`Ford has been and is now directly infringing the ’547 Patent in the State of
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`Delaware, in this judicial district and elsewhere in the United States by, among other things
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`making, using, offering for sale and selling Ford automobiles containing navigation display units
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`that infringe the ’547 Patent, including at least the aforementioned models. Ford is liable for
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`such infringement pursuant to 35 U.S.C. § 271.
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`21.
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`At least as early as its receipt of this Original Complaint, Ford has had knowledge
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`of the ’547 Patent and written notice of the infringement.
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`22.
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`As a result of Ford’s infringement of the ’547 Patent, Ford has damaged IDT.
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`Ford is liable to IDT in an amount to be determined at trial that adequately compensates IDT for
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`the infringement, which by law can be no less than a reasonable royalty.
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`23.
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`As a result of Ford’s infringement of the ’547 Patent, IDT has suffered and will
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`continue to suffer loss and injury unless Ford is enjoined by this Court
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`24.
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`DT is not presently asserting willful infringement; however, IDT intends to seek
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`discovery on the issue of willfulness and reserves the right to seek amendment of its complaint
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`and a finding of willfulness relative to pre-suit and/or post-suit infringement of the ’547 Patent.
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`COUNT 2: Infringement of U.S. Patent No. 7,300,194
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`25.
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`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-24 as
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`though fully set forth herein.
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`PETITIONER EX. 1009 Page 6
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`26.
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`On information and belief, LCD navigation display units found in Ford
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`automobiles practice one or more claims of the ’194 Patent. In particular, infringing Ford LCD
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`navigation display units include a light emitting assembly containing 1) a light emitting panel
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`member with a light emitting surface, 2) a light source, 3) a film, sheet, plate or substrate near
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`the light emitting surface through which light from the panel member is emitted, and 4) an air
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`gap between the light emitting panel member and the film, sheet, plate or substrate.
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`Furthermore, the film, sheet, plate or substrate has a reflective or refractive surface with well-
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`defined optical elements or deformities for controlling the emitted light so that some of the light
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`is redirected to pass through an LCD with low loss. These infringing display units include, for
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`example, the DS7Z-10D885-FA navigation system display found in various model years of the
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`Ford Fusion Hybrid, and similar LCD display units.
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`27.
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`Ford has been and is now directly infringing the ’194 Patent in the State of
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`Delaware, in this judicial district and elsewhere in the United States by, among other things
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`making, using, offering for sale and selling Ford automobiles containing navigation display units
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`that infringe the ’194 Patent, including at least the aforementioned models. Ford is liable for
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`such infringement pursuant to 35 U.S.C. § 271.
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`28.
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`At least as early as its receipt of this Original Complaint, Ford has had knowledge
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`of the ’194 Patent and written notice of the infringement.
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`29.
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`As a result of Ford’s infringement of the ’194 Patent, Ford has damaged IDT.
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`Ford is liable to IDT in an amount to be determined at trial that adequately compensates IDT for
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`the infringement, which by law can be no less than a reasonable royalty.
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`30.
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`As a result of Ford’s infringement of the ’194 Patent, IDT has suffered and will
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`continue to suffer loss and injury unless Ford is enjoined by this Court.
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`31.
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`IDT is not presently asserting willful infringement; however, IDT intends to seek
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`discovery on the issue of willfulness and reserves the right to seek amendment of its complaint
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`and a finding of willfulness relative to pre-suit and/or post-suit infringement of the ’194 Patent.
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`COUNT 3: Infringement of U.S. Patent No. 7,384,177
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`32.
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`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-31 as
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`though fully set forth herein.
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`33.
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`On information and belief, LCD navigation display units found in Ford
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`automobiles practice one or more claims of the ’177 Patent. In particular, infringing Ford LCD
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`navigation display units include a light emitting assembly containing 1) a tray with a back wall
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`and side walls surrounding a recess formed by the back and side walls, 2) a light source in the
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`recess, and 3) an overlying sheet, film or substrate for controlling the light emitted from the
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`assembly to fit a particular application such as illuminating an LCD. Furthermore, the tray acts
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`as a back, side edge or end edge reflector and has a secondary flat, angled, faceted or curved
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`reflective or refractive surface to redirect some of the light from the light source in a
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`predetermined manner within the recess. These infringing display units include, for example, the
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`DS7Z-10D885-FA navigation system display found in various model years of the Ford Fusion
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`Hybrid, and similar LCD display units.
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`34.
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`Ford has been and is now directly infringing the ’177 Patent in the State of
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`Delaware, in this judicial district and elsewhere in the United States by, among other things
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`PETITIONER EX. 1009 Page 8
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`making, using, offering for sale and selling Ford automobiles containing navigation display units
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`that infringe the ’177 Patent, including at least the aforementioned models. Ford is liable for
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`such infringement pursuant to 35 U.S.C. § 271.
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`35.
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`At least as early as its receipt of this Original Complaint, Ford has had knowledge
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`of the ’177 Patent and written notice of the infringement.
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`36.
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`As a result of Ford’s infringement of the ’177 Patent, Ford has damaged IDT.
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`Ford is liable to IDT in an amount to be determined at trial that adequately compensates IDT for
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`the infringement, which by law can be no less than a reasonable royalty.
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`37.
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`As a result of Ford’s infringement of the ’177 Patent, IDT has suffered and will
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`continue to suffer loss and injury unless Ford is enjoined by this Court.
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`38.
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`IDT is not presently asserting willful infringement; however, IDT intends to seek
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`discovery on the issue of willfulness and reserves the right to seek amendment of its complaint
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`and a finding of willfulness relative to pre-suit and/or post-suit infringement of the ’177 Patent.
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`COUNT 4: Infringement of U.S. Patent No. 7,404,660
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`39.
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`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-38 as
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`though fully set forth herein.
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`40.
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`On information and belief, LCD navigation display units found in Ford
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`automobiles practice one or more claims of the ’660 Patent. In particular, infringing Ford LCD
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`navigation display units include a light emitting panel assembly containing 1) a planar optical
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`conductor with an input edge that has a cross-sectional width greater than its thickness, and 2)
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`light sources configured to generate a light output distribution greater in width than height and
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`positioned adjacent to the input edge to direct light into the optical conductor. Furthermore, the
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`optical conductor has an output region, a pattern of deformities to cause light to be emitted from
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`the output region, and a transition region between the light source and the output region. These
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`infringing display units include, for example, the DS7Z-10D885-FA navigation system display
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`found in various model years of the Ford Fusion Hybrid, and similar LCD display units.
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`41.
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`Ford has been and is now directly infringing the ’660 Patent in the State of
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`Delaware, in this judicial district and elsewhere in the United States by, among other things
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`making, using, offering for sale and selling Ford automobiles containing navigation display units
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`that infringe the ’660 Patent, including at least the aforementioned models. Ford is liable for
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`such infringement pursuant to 35 U.S.C. § 271.
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`42.
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`At least as early as its receipt of this Original Complaint, Ford has had knowledge
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`of the ’660 Patent and written notice of the infringement
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`43.
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`As a result of Ford’s infringement of the ’660 Patent, Ford has damaged IDT.
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`Ford is liable to IDT in an amount to be determined at trial that adequately compensates IDT for
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`the infringement, which by law can be no less than a reasonable royalty.
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`44.
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`As a result of Ford’s infringement of the ’660 Patent, IDT has suffered and will
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`continue to suffer loss and injury unless Ford is enjoined by this Court.
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`45.
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`IDT is not presently asserting willful infringement; however, IDT intends to seek
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`discovery on the issue of willfulness and reserves the right to seek amendment of its complaint
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`and a finding of willfulness relative to pre-suit and/or post-suit infringement of the ’660 Patent.
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`COUNT 5: Infringement of U.S. Patent No. 7,434,974
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`46.
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`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-45 as
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`though fully set forth herein.
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`47.
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`On information and belief, LCD navigation display units found in Ford
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`automobiles practice one or more claims of the ’974 Patent. In particular, infringing Ford LCD
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`navigation display units include a light emitting panel assembly containing 1) a light emitting
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`panel member with a light entrance surface and a light emitting surface, 2) an LED light source
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`near or against the light entrance surface, 3) a tray or housing with a recess containing the panel
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`member, 4) a pattern of light extracting deformities on or in a surface of the panel member to
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`cause light to be emitted from the panel member’s light emitting surface, and 5) end walls and
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`side walls of the tray that act as end edge reflectors and side edge reflectors to reflect light that
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`would otherwise exit the panel member back into the panel member, to cause additional light to
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`be emitted from the light emitting surface. Furthermore, the tray or housing has posts, tabs or
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`other components that provide a mount or structural support for another component, and also
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`provides structural support to the panel member. These infringing display units include, for
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`example, the DS7Z-10D885-FA navigation system display found in various model years of the
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`Ford Fusion Hybrid, and similar LCD display units.
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`48.
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`Ford has been and is now directly infringing the ’974 Patent in the State of
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`Delaware, in this judicial district and elsewhere in the United States by, among other things
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`making, using, offering for sale and selling Ford automobiles containing navigation display units
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`that infringe the ’974 Patent, including at least the aforementioned models. Ford is liable for
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`such infringement pursuant to 35 U.S.C. § 271.
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`49.
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`At least as early as its receipt of this Original Complaint, Ford has had knowledge
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`of the ’974 Patent and written notice of the infringement.
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`50.
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`As a result of Ford’s infringement of the ’974 Patent, Ford has damaged IDT.
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`Ford is liable to IDT in an amount to be determined at trial that adequately compensates IDT for
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`the infringement, which by law can be no less than a reasonable royalty.
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`51.
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`As a result of Ford’s infringement of the ’974 Patent, IDT has suffered and will
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`continue to suffer loss and injury unless Ford is enjoined by this Court.
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`52.
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`IDT is not presently asserting willful infringement; however, IDT intends to seek
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`discovery on the issue of willfulness and reserves the right to seek amendment of its complaint
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`and a finding of willfulness relative to pre-suit and/or post-suit infringement of the ’974 Patent.
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`COUNT 6: Infringement of U.S. Patent No. 8,215,816
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`53.
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`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-52 as
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`though fully set forth herein.
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`54.
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`On information and belief, LCD navigation display units found in Ford
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`automobiles practice one or more claims of the ’816 Patent. In particular, infringing Ford LCD
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`navigation display units include a light emitting assembly containing (1) a light source, (2) a
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`light emitting panel member with an input edge for receiving light from the light source and a
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`light emitting surface, (3) a tray or housing with a recess containing the panel member, (4) end
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`edge and side edge reflectors, and (5) an additional component overlying the panel member.
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`Furthermore, the panel member has a pattern of light extracting deformities that cause light to be
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`emitted from the light emitting surface. The panel member further has a greater width than
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`height, and the input edge of the panel member has a refractive surface that redirects light from
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`the light source more in the width direction than in the height direction as the light enters the
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`panel member. These infringing display units include, for example, the DS7Z-10D885-FA
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`navigation system display found in various model years of the Ford Fusion Hybrid, and similar
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`LCD display units.
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`55.
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`Ford has been and is now directly infringing the ’816 Patent in the State of
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`Delaware, in this judicial district and elsewhere in the United States by, among other things
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`making, using, offering for sale and selling Ford automobiles containing navigation display units
`
`that infringe the ’816 Patent, including at least the aforementioned models. Ford is liable for
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`such infringement pursuant to 35 U.S.C. § 271.
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`56.
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`At least as early as its receipt of this Original Complaint, Ford has had knowledge
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`of the ’816 Patent and written notice of the infringement.
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`57.
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`As a result of Ford’s infringement of the ’816 Patent, Ford has damaged IDT.
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`Ford is liable to IDT in an amount to be determined at trial that adequately compensates IDT for
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`the infringement, which by law can be no less than a reasonable royalty.
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`58.
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`As a result of Ford’s infringement of the ’816 Patent, IDT has suffered and will
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`continue to suffer loss and injury unless Ford is enjoined by this Court.
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`59.
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`IDT is not presently asserting willful infringement; however, IDT intends to seek
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`discovery on the issue of willfulness and reserves the right to seek amendment of its complaint
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`and a finding of willfulness relative to pre-suit and/or post-suit infringement of the ’816 Patent.
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`Case 1:14-cv-00849-RGA Document 1 Filed 06/30/14 Page 14 of 16 PageID #: 14
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`COUNT 7: Infringement of U.S. Patent No. 6,886,956
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`60.
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`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-66 as
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`though fully set forth herein.
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`61.
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`On information and belief, tail lights found in certain Ford automobiles practice
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`one or more claims of the ’956 Patent. The infringing Ford tail lights include a light emitting
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`assembly for vehicle illumination containing 1) a light guide having opposite sides and a light
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`input surface along one edge, 2) a light emitting diode along the light input surface, 3) light
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`extracting deformities on at least one side of the light guide, and 4) a transparent substrate
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`overlying one side of the light guide and providing an exterior portion of the vehicle.
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`Furthermore, the deformities have shapes for controlling the output distribution of emitted light
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`to suit a particular application, such as illuminating a portion of the tail light. These infringing
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`tail lights include, for example, the DE9Z-13A565A center liftgate tail light assembly found in
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`various model years of the Lincoln MKS, and similar tail light assemblies.
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`62.
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`Ford has been and is now directly infringing the ’956 Patent in the State of
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`Delaware, in this judicial district and elsewhere in the United States by, among other things
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`making, using, offering for sale and selling Ford automobiles containing navigation display units
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`that infringe the ’956 Patent, including at least the aforementioned models. Ford is liable for
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`such infringement pursuant to 35 U.S.C. § 271.
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`63.
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`At least as early as its receipt of this Original Complaint, Ford has had knowledge
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`of the ’956 Patent and written notice of the infringement.
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`Case 1:14-cv-00849-RGA Document 1 Filed 06/30/14 Page 15 of 16 PageID #: 15
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`64.
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`As a result of Ford’s infringement of the ’956 Patent, Ford has damaged IDT.
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`Ford is liable to IDT in an amount to be determined at trial that adequately compensates IDT for
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`the infringement, which by law can be no less than a reasonable royalty.
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`65.
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`As a result of Ford’s infringement of the ’956 Patent, IDT has suffered and will
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`continue to suffer loss and injury unless Ford is enjoined by this Court.
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`66.
`
`IDT is not presently asserting willful infringement; however, IDT intends to seek
`
`discovery on the issue of willfulness and reserves the right to seek amendment of its complaint
`
`and a finding of willfulness relative to pre-suit and/or post-suit infringement of the ’956 Patent.
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`JURY DEMAND
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`67.
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`IDT hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of
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`Civil Procedure.
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`PRAYER FOR RELIEF
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`68.
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`IDT respectfully requests that the Court find in its favor and against Ford, and that
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`the Court grant Plaintiff the following relief:
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`A.
`
`B.
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`A judgment that Ford has infringed the patents-in-suit as alleged herein;
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`A judgment for an accounting of all damages sustained by IDT as a result of the
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`acts of infringement by Ford;
`
`C.
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`A judgment and order requiring Ford to pay IDT damages under 35 U.S.C. § 284,
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`including interest (both pre-judgment and post-judgment), costs and
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`disbursements as provided by 35 U.S.C. § 284;
`
`D.
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`A permanent injunction enjoining Ford and its officers, directors, agents, servants,
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`employees, affiliates, divisions, branches, subsidiaries, parents and all others
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`
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`Case 1:14-cv-00849-RGA Document 1 Filed 06/30/14 Page 16 of 16 PageID #: 16
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`acting in concert or privity with them from infringement of the patents-in-suit
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`pursuant to 35 U.S.C. § 283; and
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`E.
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`Such other and further relief as the Court deems just and equitable.
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`
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`Respectfully submitted,
`
`FARNAN LLP
`
`
`
`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`919 North Market St., 12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnanlaw.com
`
`
`
`
`
`Attorneys for Plaintiff
`INNOVATIVE DISPLAY
`TECHNOLOGIES LLC
`
`Dated: June 30, 2014
`
`
`
`Of Counsel:
`
`Demetrios Anaipakos
`Amir Alavi
`Brian E. Simmons
`George W. Webb III
`AHMAD, ZAVITSANOS, ANAIPAKOS,
`
`ALAVI &MENSING P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
`danaipakos@azalaw.com
`aalavi@azalaw.com
`bsimmons@azalaw.com
`gwebb@azalaw.com
`
`
`
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`PETITIONER EX. 1009 Page 16