Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 1 of 28 PageID #: 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`DELAWARE DISPLAY GROUP LLC
`and INNOVATIVE DISPLAY
`TECHNOLOGIES LLC,
`
`
`
`C.A. No. ____
`
`JURY TRIAL DEMANDED
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Plaintiffs,
`
`
`v.
`
`HTC CORPORATION and
`
`HTC AMERICA, INC.,
`
`
`Defendants.
`
`
`
`PLAINTIFFS’ COMPLAINT
`
`Delaware Display Group LLC and Innovative Display Technologies LLC (collectively,
`
`“Plaintiffs”) by and through their undersigned counsel, file this Complaint against HTC
`
`Corporation and HTC America, Inc. (collectively, “HTC”).
`
`THE PARTIES
`
`1.
`
`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.
`
`2.
`
`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.
`
`3.
`
`Upon information and belief, HTC Corporation (“HTC Corp.”) is a corporation
`
`organized under the laws of Taiwan with its principal place of business at No 88, Section 3,
`
`Zhongxing Road, Xindian District, New Taipei City 231, Taiwan, R.O.C.
`
`
`
`1
`
`LGE_000266
`
`LG Electronics Ex. 1003
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 2 of 28 PageID #: 2
`
`
`
`4.
`
`Upon information and belief, HTC America, Inc. (“HTC America”) is a
`
`Washington corporation with offices at 13920 S.E. Eastgate Way, Suite 200, Bellevue,
`
`Washington 98005. Upon information and belief, HTC America may be served with process by
`
`serving its registered agent, National Registered Agents Inc., 505 Union Ave. SE, Suite 120,
`
`Olympia, Washington 98501. Upon information and belief, HTC America is a wholly-owned
`
`subsidiary of HTC Corp.
`
`5.
`
`Upon information and belief, HTC 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 Delaware.
`
`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 HTC. HTC is
`
`amenable to service of summons for this action. Furthermore, personal jurisdiction over HTC in
`
`this action comports with due process. HTC has conducted and regularly conducts business
`
`within the United States and this District. HTC has purposefully availed itself of the privileges of
`
`conducting business in the United States and, more specifically, in this District. HTC has sought
`
`protection and benefit from the laws of the State of Delaware by placing infringing products into
`
`the stream of commerce through an established distribution channel with the expectation and/or
`
`knowledge that they will be purchased by consumers in this District. Plaintiffs’ causes of action
`
`arise directly from HTC’s business contacts and other activities in this District.
`
`8.
`
`HTC – 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_000267
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 3 of 28 PageID #: 3
`
`
`
`products in the United States and this District. HTC has purposefully and voluntarily placed one
`
`or more of its infringing products, as described below, into the stream of commerce with the
`
`expectation and/or knowledge that they will be purchased by consumers in this District. HTC
`
`knowingly and purposefully ships infringing products into and within 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, HTC has committed the
`
`tort of patent infringement in this District and/or has induced others to commit patent
`
`infringement 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), in that HTC 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, HTC
`
`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.
`
`A. The Patents-In-Suit.
`
`BACKGROUND
`
`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. A
`
`true and correct copy of the ’547 patent is attached as Exhibit A and made a part hereof.
`
`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,
`
`
`
`3
`
`LGE_000268
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 4 of 28 PageID #: 4
`
`
`
`2007, after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’194
`
`patent. A true and correct copy of the ’194 patent is attached as Exhibit B and made a part
`
`hereof.
`
`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. A
`
`true and correct copy of the ’177 patent is attached as Exhibit C and made a part hereof.
`
`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. A
`
`true and correct copy of the ’660 patent is attached as Exhibit D and made a part hereof.
`
`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. A true and correct copy of the ’974 patent is attached as Exhibit E and made a part
`
`hereof.
`
`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. A
`
`true and correct copy of the ’370 patent is attached as Exhibit F and made a part hereof.
`
`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,
`
`
`
`4
`
`LGE_000269
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 5 of 28 PageID #: 5
`
`
`
`Timothy A. McCollum, and Robert M. Ezell are the inventors listed on the ’196 patent. A true
`
`and correct copy of the ’196 patent is attached as Exhibit G and made a part hereof.
`
`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. A
`
`true and correct copy of the ’816 patent is attached as Exhibit H and made a part hereof.
`
`18.
`
`19.
`
`The ’196 patent is referred to as the “DDG patent.”
`
`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 July 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. HTC’s Infringing Conduct
`
`23.
`
`Upon information and belief, HTC makes, uses, 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
`5
`
`
`
`LGE_000270
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 6 of 28 PageID #: 6
`
`
`
`include, but are not limited to, mobile phones with an LCD. By way of example only, Plaintiffs
`
`identify the PJ83100 mobile phone as an infringing product of the patents-in-suit.
`
`24.
`
`By incorporating the fundamental inventions covered by the patents-in-suit, HTC
`
`can make 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.
`
`25.
`
`Upon information and belief, third-party distributors purchase and have purchased
`
`HTC’s infringing display products for sale or importation into the United States, including in this
`
`District. Upon information and belief, third-party consumers use and have used HTC’s infringing
`
`display products in the United States, including in this District.
`
`26.
`
`Upon information and belief, HTC 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.
`
`COUNT I
`
`Patent Infringement of U.S. Patent No. 6,755,547
`
`27.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-26 as
`
`though fully set forth herein.
`
`28.
`
`29.
`
`30.
`
`The ’547 patent is valid and enforceable.
`
`HTC 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 HTC of its alleged infringement. Upon information and belief, IDT
`
`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,
`
`
`
`6
`
`LGE_000271
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 7 of 28 PageID #: 7
`
`
`
`offered for sale, sold within, and/or imported into the United States that embody one or more
`
`claims of that patent.
`
`31.
`
`Upon information and belief, HTC has been and is directly infringing under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’547 patent by making,
`
`using, offering to sell, and/or selling to third-party 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
`
`with an LCD, their display components, and/or other products made, used, sold, offered for sale,
`
`or imported by HTC that include all of the limitations of one or more claims of the ’547 patent.
`
`32.
`
`Upon information and belief, distributors and consumers that purchase HTC’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 with an LCD, 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.
`
`33.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to HTC 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
`
`
`
`7
`
`LGE_000272
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 8 of 28 PageID #: 8
`
`
`
`(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.
`
`34.
`
`Upon information and belief, HTC had knowledge of the ’547 patent and its
`
`infringing conduct at least since the filing of this lawsuit, when HTC was formally placed on
`
`notice of its infringement.
`
`35.
`
`Upon information and belief, since at least the above-mentioned date when IDT
`
`formally placed HTC on notice of its infringement, HTC 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 with an LCD, to directly infringe one or more claims
`
`of the ’547 patent. Since at least the notice provided on the above-mentioned date, HTC does so
`
`with knowledge, or with willful blindness of the fact, that the induced acts constitute
`
`infringement of the ’547 patent. Upon information and belief, HTC 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.
`
`36.
`
`As a direct and proximate result of these acts of patent infringement, HTC 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.
`
`
`
`8
`
`LGE_000273
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 9 of 28 PageID #: 9
`
`
`
`COUNT II
`
`Patent Infringement of U.S. Patent No. 7,300,194
`
`37.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-36 as
`
`though fully set forth herein
`
`38.
`
`39.
`
`40.
`
`The ’194 patent is valid and enforceable.
`
`HTC 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 HTC 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.
`
`41.
`
`Upon information and belief, HTC has been and is directly infringing under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’194 patent by making,
`
`using, offering to sell, and/or selling to third-party distributors, and/or consumers (directly or
`
`through intermediaries and/or subsidiaries) in this District and elsewhere within the United States
`
`and/or importing into the United States, without authority, display products that include all of the
`
`limitations of one or more claims of the ’194 patent, including but not limited to mobile phones
`
`with an LCD, their display components, and/or other products made, used, sold, offered for sale,
`
`or imported by HTC that include all of the limitations of one or more claims of the ’194 patent.
`
`42.
`
`Upon information and belief, distributors and consumers that purchase HTC’s
`
`display products that include all of the limitations of one or more claims of the ’194 patent,
`
`
`
`9
`
`LGE_000274
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 10 of 28 PageID #: 10
`
`
`
`including but not limited to mobile phones with an LCD, 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.
`
`43.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to HTC 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.
`
`44.
`
`Upon information and belief, HTC had knowledge of the ’194 patent and its
`
`infringing conduct at least since the filing of this lawsuit, when HTC was formally placed on
`
`notice of its infringement.
`
`45.
`
`Upon information and belief, since at least the above-mentioned date when IDT
`
`formally placed HTC on notice of its infringement, HTC 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 with an LCD, to directly infringe one or more claims
`
`of the ’194 patent. Since at least the notice provided on the above-mentioned date, HTC does so
`
`with knowledge, or with willful blindness of the fact, that the induced acts constitute
`
`infringement of the ’194 patent. Upon information and belief, HTC intends to cause, and has
`
`taken affirmative steps to induce, infringement by these third-party manufacturers, distributors,
`
`
`
`10
`
`LGE_000275
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 11 of 28 PageID #: 11
`
`
`
`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.
`
`46.
`
`As a direct and proximate result of these acts of patent infringement, HTC 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
`
`47.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-46 as
`
`though fully set forth herein.
`
`48.
`
`49.
`
`50.
`
`The ’177 patent is valid and enforceable.
`
`HTC 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 HTC 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.
`
`51.
`
`Upon information and belief, HTC 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,
`
`
`
`11
`
`LGE_000276
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 12 of 28 PageID #: 12
`
`
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’177 patent by making,
`
`using, offering to sell, and/or selling to third-party 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
`
`with an LCD, their display components, and/or other products made, used, sold, offered for sale,
`
`or imported by HTC that include all of the limitations of one or more claims of the ’177 patent.
`
`52.
`
`Upon information and belief, distributors and consumers that purchase HTC’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 with an LCD, also directly infringe, either literally or
`
`under the doctrine of equivalents, under 35 U.S.C. § 271(a), the ’177 patent by using, offering to
`
`sell, and/or selling 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.
`
`53.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to HTC 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.
`
`54.
`
`Upon information and belief, HTC had knowledge of the ’177 patent and its
`
`infringing conduct at least since the filing of this lawsuit, when HTC was formally placed on
`
`notice of its infringement.
`
`
`
`12
`
`LGE_000277
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 13 of 28 PageID #: 13
`
`
`
`55.
`
`Upon information and belief, since at least the above-mentioned date when IDT
`
`formally placed HTC on notice of its infringement, HTC 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 with an LCD, to directly infringe one or more claims
`
`of the ’177 patent. Since at least the notice provided on the above-mentioned date, HTC does so
`
`with knowledge, or with willful blindness of the fact, that the induced acts constitute
`
`infringement of the ’177 patent. Upon information and belief, HTC 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.
`
`56.
`
`As a direct and proximate result of these acts of patent infringement, HTC 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
`
`57.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-56 as
`
`though fully set forth herein.
`
`58.
`
`59.
`
`
`
`The ’660 patent is valid and enforceable.
`
`HTC has never been licensed, either expressly or impliedly, under the ’660 patent.
`
`13
`
`LGE_000278
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 14 of 28 PageID #: 14
`
`
`
`60.
`
`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 HTC 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.
`
`61.
`
`Upon information and belief, HTC has been and is directly infringing under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’660 patent by making,
`
`using, offering to sell, and/or selling to third-party 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
`
`with an LCD, their display components, and/or other products made, used, sold, offered for sale,
`
`or imported by HTC that include all of the limitations of one or more claims of the ’660 patent.
`
`62.
`
`Upon information and belief, distributors and consumers that purchase HTC’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 with an LCD, 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.
`
`
`
`14
`
`LGE_000279
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 15 of 28 PageID #: 15
`
`
`
`63.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to HTC 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.
`
`64.
`
`Upon information and belief, HTC had knowledge of the ’660 patent and its
`
`infringing conduct at least since the filing of this lawsuit, when HTC was formally placed on
`
`notice of its infringement.
`
`65.
`
`Upon information and belief, since at least the above-mentioned date when IDT
`
`formally placed HTC on notice of its infringement, HTC 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 with an LCD, to directly infringe one or more claims
`
`of the ’660 patent. Since at least the notice provided on the above-mentioned date, HTC does so
`
`with knowledge, or with willful blindness of the fact, that the induced acts constitute
`
`infringement of the ’660 patent. Upon information and belief, HTC 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
`
`
`
`15
`
`LGE_000280
`
`

`
`Case 1:13-cv-02107-UNA Document 1 Filed 12/31/13 Page 16 of 28 PageID #: 16
`
`
`
`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.
`
`66.
`
`As a direct and proximate result of these acts of patent infringement, HTC has
`
`encroached on the exclusive rights of IDT and its licensees to practice the ’660 patent, for which
`
`IDT is entitled to at least a reasonable royalty.
`
`COUNT V
`
`Patent Infringement of U.S. Patent No. 7,434,974
`
`67.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-66 as
`
`though fully set forth herein.
`
`68.
`
`69.
`
`70.
`
`The ’974 patent is valid and enforceable.
`
`HTC has never been licensed, either expressly or impliedly, under the ’974 patent.
`
`Upon information and belief, to the extent any marking or notice was required by
`
`35 U.S.C. § 287, IDT has complied with the requirements of that statute by providing actual or
`
`constructive notice to HTC of its alleged infringement. Upon information and belief, IDT
`
`surmises that any express licensees of the ’974 patent have complied with the marking
`
`requirements of 35 U.S.C. § 287 by placing a notice of the ’974 patent on all goods made,
`
`offered for sale, sold within, and/or imported into the United States that embody one or more
`
`claims of that patent.
`
`71.
`
`Upon information and belief, HTC has been and is d