Case 1:13-cv-02108-RGA Document 1 Filed 12/31/13 Page 1 of 32 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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`DELAWARE DISPLAY GROUP LLC
`and INNOVATIVE DISPLAY
`TECHNOLOGIES LLC,
`
`Plaintiffs,
`
`v.
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`LENOVO GROUP LTD.,
`
`LENOVO HOLDING CO., INC., and
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`LENOVO (UNITED STATES) INC.,
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`Defendants.
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`§
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`PLAINTIFFS’ COMPLAINT
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`Delaware Display Group LLC and Innovative Display Technologies LLC (collectively,
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`“Plaintiffs”) by and through their undersigned counsel, file this Complaint against Lenovo Group
`
`Ltd.; Lenovo Holding Co., Inc.; and Lenovo (United States) Inc. (collectively, “Lenovo”).
`
`THE PARTIES
`
`1.
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`Delaware Display Group LLC (“DDG”) is a Delaware limited liability company
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`with its principal place of business located at 2400 Dallas Parkway, Suite 200, Plano, Texas
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`75093.
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`2.
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`Innovative Display Technologies LLC (“IDT”) is a Texas limited liability
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`company with its principal place of business located at 2400 Dallas Parkway, Suite 200, Plano,
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`Texas 75093.
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`3.
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`Upon information and belief, Lenovo Group Ltd. (“LGL”) is a private company
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`incorporated in Hong Kong and has its principal place of business at 23rd floor, Lincoln House,
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`Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong. Upon information and belief, LGL
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`may be served with process in Hong Kong pursuant to the Hague Convention on the Service
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`Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
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`4.
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`Upon information and belief, Lenovo Holding Co., Inc. (“Lenovo Holding”) is a
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`Delaware Corporation with offices at 1009 Think Place, Morrisville, North Carolina 27560.
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`Upon information and belief, Lenovo Holding may be served with process by serving its
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`registered agent, The Corporation Trust Company, Corporation Trust Center, 1209 Orange St.,
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`Wilmington, Delaware 19801. Upon information and belief, Lenovo Holding is a subsidiary of
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`LGL.
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`5.
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`Upon information and belief, Lenovo (United States) Inc. (“Lenovo U.S.”) is a
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`Delaware Corporation with offices at 1009 Think Place, Morrisville, North Carolina 27560.
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`Upon information and belief, Lenovo U.S. may be served with process by serving its registered
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`agent, The Corporation Trust Company, Corporation Trust Center, 1209 Orange St.,
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`Wilmington, Delaware 19801. Upon information and belief, Lenovo U.S. is a subsidiary of
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`Lenovo Holding.
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`6.
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`Upon information and belief, Lenovo has conducted and regularly conducts
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`business within this District, has purposefully availed itself of the privileges of conducting
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`business in this District, and has sought protection and benefit from the laws of the State of
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`Delaware.
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`JURISDICTION AND VENUE
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`7.
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`This action arises under the Patent Laws of the United States, 35 U.S.C. § 1, et
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`seq., including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter
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`jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
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`8.
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`As further detailed herein, this Court has personal jurisdiction over Lenovo.
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`Lenovo is amenable to service of summons for this action. Furthermore, personal jurisdiction
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`over Lenovo in this action comports with due process. Lenovo has conducted and regularly
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`conducts business within the United States and this District. Lenovo has purposefully availed
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`itself of the privileges of conducting business in the United States and, more specifically, in this
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`District. Lenovo has sought protection and benefit from the laws of the State of Delaware by
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`incorporating in the state of Delaware, incorporating a subsidiary in the State of Delaware,
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`and/or by placing infringing products into the stream of commerce through an established
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`distribution channel with the expectation and/or knowledge that they will be purchased by
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`consumers in this District. Plaintiffs’ causes of action arise directly from Lenovo’s business
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`contacts and other activities in this District.
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`9.
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`Lenovo – directly or through intermediaries (including distributors, retailers, and
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`others), subsidiaries, alter egos, and/or agents – ships, distributes, offers for sale, and/or sells its
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`products in the United States and this District. Lenovo has purposefully and voluntarily placed
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`one or more of its infringing products, as described below, into the stream of commerce with the
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`expectation and/or knowledge that they will be purchased by consumers in this District. Lenovo
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`knowingly and purposefully ships infringing products into and within this District through an
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`established distribution channel. These infringing products have been and continue to be
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`purchased by consumers in this District. Upon information and belief, Lenovo has committed the
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`tort of patent infringement in this District and/or has induced others to commit patent
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`infringement in this District.
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`10.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391(b), (c), and (d), as well as
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`28 U.S.C. § 1400(b), in that Lenovo is subject to personal jurisdiction in this District, and
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`therefore is deemed to reside in this District for purposes of venue, and, upon information and
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`belief, Lenovo has committed acts within this judicial District giving rise to this action and does
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`business in this District, including but not limited to making sales in this District, providing
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`service and support to their respective customers in this District, and/or operating an interactive
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`website that is available to persons in this District, which website advertises, markets, and/or
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`offers for sale infringing products.
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`A.
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`The Patents-In-Suit.
`
`BACKGROUND
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`11.
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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 and Trademark Office on June 29, 2004,
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`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’547 patent. A
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`true and correct copy of the ’547 patent is attached as Exhibit A and made a part hereof.
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`12.
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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 and Trademark Office on November 27,
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`2007, after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’194
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`patent. A true and correct copy of the ’194 patent is attached as Exhibit B and made a part
`
`hereof.
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`13.
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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 and Trademark Office on June 10, 2008,
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`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’177 patent. A
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`true and correct copy of the ’177 patent is attached as Exhibit C and made a part hereof.
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`14.
`
`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 and Trademark Office on July 29, 2008,
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`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’660 patent. A
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`true and correct copy of the ’660 patent is attached as Exhibit D and made a part hereof.
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`15.
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`U.S. Patent No. 7,434,973 titled “Light Emitting Panel Assemblies” (“the ’973
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`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on October 14,
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`2008, after full and fair examination. Jeffery R. Parker, Gregory A. Coghlan, and Robert M.
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`Ezell are the inventors listed on the ’973 patent. A true and correct copy of the ’973 patent is
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`attached as Exhibit E and made a part hereof.
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`16.
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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 and Trademark Office on October 14,
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`2008, after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’974
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`patent. A true and correct copy of the ’974 patent is attached as Exhibit F and made a part
`
`hereof.
`
`17.
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`U.S. Patent No. 7,537,370 titled “Light Emitting Panel Assemblies” (“the ’370
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`patent”) was duly and legally issued by the U.S. Patent and Trademark Office on May 26, 2009,
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`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’370 patent. A
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`true and correct copy of the ’370 patent is attached as Exhibit G and made a part hereof.
`
`18.
`
`U.S. Patent No. 7,914,196 titled “Light Redirecting Film Systems Having Pattern
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`of Variable Optical Elements” (“the ’196 patent”) was duly and legally issued by the U.S. Patent
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`and Trademark Office on March 29, 2011, after full and fair examination. Jeffery R. Parker,
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`Timothy A. McCollum, and Robert M. Ezell are the inventors listed on the ’196 patent. A true
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`and correct copy of the ’196 patent is attached as Exhibit H and made a part hereof.
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`19.
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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 and Trademark Office on July 10, 2012,
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`after full and fair examination. Jeffery R. Parker is the sole inventor listed on the ’816 patent. A
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`true and correct copy of the ’816 patent is attached as Exhibit I and made a part hereof.
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`20.
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`The ’973 patent and the ’196 patent are collectively referred to as the “DDG
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`patents.”
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`21.
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`The ’547 patent, the ’194 patent, the ’177 patent, the ’660 patent, the ’974 patent,
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`the ’370 patent, and the ’816 patent are collectively referred to as the “IDT patents.” Together,
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`the “DDG patents” and the “IDT patents” are the “patents-in-suit.”
`
`22.
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`On July 26, 2013, IDT was assigned all of the right, title, and interest in the IDT
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`patents, including the exclusive right to sue and collect for its own use and benefit all claims for
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`damages by reason of past infringement or use of the IDT patents.
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`23.
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`On December 20, 2013, DDG was assigned all of the right, title, and interest in
`
`the DDG patents, including the exclusive right to sue and collect for its own use and benefit all
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`claims for damages by reason of past infringement or use of the DDG patents.
`
`24.
`
`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
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`products infringe the patents-in-suit based on the use of the same technology, e.g., backlights for
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`LCDs. And IDT and DDG share a common corporate parent.
`
`B.
`
`Lenovo’s Infringing Conduct.
`
`25.
`
`Upon information and belief, Lenovo makes, uses, offers to sell, and/or sells
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`within, and/or imports into the United States display products that use the fundamental
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`technologies covered by the patents-in-suit. Upon information and belief, the infringing display
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`products include, but are not limited to, laptops, desktops, and tablets with an LCD. By way of
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`example only, Plaintiffs identify the IdeaPad N580 as an infringing product of the patents-in-suit.
`
`26.
`
`By incorporating the fundamental inventions covered by the patents-in-suit,
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`Lenovo can make improved products, including but not limited to, products with longer displays,
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`thinner displays, and/or displays with a higher light output, a more uniform light output, a lower
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`power requirement, and/or a longer battery life.
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`27.
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`Upon information and belief, third-party distributors purchase and have purchased
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`Lenovo’s infringing display products for sale or importation into the United States, including in
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`this District. Upon information and belief, third-party consumers use and have used Lenovo’s
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`infringing display products in the United States, including in this District.
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`28.
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`Upon information and belief, Lenovo has purchased infringing display products
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`that are made, used, offered for sale, sold within, and/or imported into the United States,
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`including in this District by third party manufacturers, distributors, and/or importers.
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`COUNT I
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`Patent Infringement of U.S. Patent No. 6,755,547
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`29.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-28 as
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`though fully set forth herein.
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`The ’547 patent is valid and enforceable.
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`Lenovo has never been licensed, either expressly or impliedly, under the ’547
`
`30.
`
`31.
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`patent.
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`32.
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`Upon information and belief, to the extent any marking or notice was required by
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`35 U.S.C. § 287, IDT has complied with the requirements of that statute by providing actual or
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`constructive notice to Lenovo of its alleged infringement. Upon information and belief, IDT
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`surmises that any express licensees of the ’547 patent have complied with the marking
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`requirements of 35 U.S.C. § 287 by placing a notice of the ’547 patent on all goods made,
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`offered for sale, sold within, and/or imported into the United States that embody one or more
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`claims of that patent.
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`33.
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`Upon information and belief, Lenovo has been and is directly infringing under 35
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`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
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`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
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`through intermediaries and/or subsidiaries) in this District and elsewhere within the United States
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`and/or importing into the United States, without authority, display products that include all of the
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`limitations of one or more claims of the ’547 patent, including but not limited to laptops,
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`desktops, and tablets with an LCD, their display components, and/or other products made, used,
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`sold, offered for sale, or imported by Lenovo that include all of the limitations of one or more
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`claims of the ’547 patent.
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`34.
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`Upon information and belief, distributors and consumers that purchase Lenovo’s
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`display products that include all of the limitations of one or more claims of the ’547 patent,
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`including but not limited to laptops, desktops, and tablets with an LCD, also directly infringe,
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`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
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`intermediaries and/or subsidiaries) in this District and elsewhere within the United States and/or
`
`importing into the United States, those infringing display products.
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`35.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to Lenovo that include all of the limitations of one or more
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`claims of the ’547 patent, also directly infringe, either literally or under the doctrine of
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`equivalents, under 35 U.S.C. § 271(a), the ’547 patent by making, offering to sell, and/or selling
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`(directly or through intermediaries and/or subsidiaries) infringing products in this District and
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`elsewhere within the United States and/or importing infringing products into the United States.
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`36.
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`Upon information and belief, Lenovo had knowledge of the ’547 patent and its
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`infringing conduct at least since the filing of this lawsuit, when Lenovo was formally placed on
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`notice of its infringement.
`
`37.
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`Upon information and belief, since at least the above-mentioned date when IDT
`
`formally placed Lenovo on notice of its infringement, Lenovo has actively induced, under U.S.C.
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`§ 271(b), third-party manufacturers, distributors, importers and/or consumers that purchase or
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`sell display products that include all of the limitations of one or more claims of the ’547 patent,
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`including but not limited to laptops, desktops, and tablets with an LCD, to directly infringe one
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`or more claims of the ’547 patent. Since at least the notice provided on the above-mentioned
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`date, Lenovo does so with knowledge, or with willful blindness of the fact, that the induced acts
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`constitute infringement of the ’547 patent. Upon information and belief, Lenovo intends to cause,
`
`and has taken affirmative steps to induce, infringement by these third-party manufacturers,
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`distributors, importers, and/or consumers by, inter alia, creating advertisements that promote the
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`infringing use of display products, creating established distribution channels for these products
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`into and within the United States, purchasing these products, manufacturing these products in
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`conformity with U.S. laws and regulations, distributing or making available instructions or
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`manuals for these products to purchasers and prospective buyers, and/or providing technical
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`support, replacement parts, or services for these products to these purchasers in the United
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`States.
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`38.
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`As a direct and proximate result of these acts of patent infringement, Lenovo has
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`encroached on the exclusive rights of IDT and its licensees to practice the ’547 patent, for which
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`IDT is entitled to at least a reasonable royalty.
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`COUNT II
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`Patent Infringement of U.S. Patent No. 7,300,194
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`39.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-38 as
`
`though fully set forth herein
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`The ’194 patent is valid and enforceable.
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`Lenovo has never been licensed, either expressly or impliedly, under the ’194
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`40.
`
`41.
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`patent.
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`42.
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`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 Lenovo of its alleged infringement. Upon information and belief, IDT
`
`surmises that any express licensees of the ’194 patent have complied with the marking
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`requirements of 35 U.S.C. § 287 by placing a notice of the ’194 patent on all goods made,
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`offered for sale, sold within, and/or imported into the United States that embody one or more
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`claims of that patent.
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`43.
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`Upon information and belief, Lenovo 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
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`limitations of one or more claims of the ’194 patent, including but not limited to laptops,
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`desktops, and tablets with an LCD, their display components, and/or other products made, used,
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`sold, offered for sale, or imported by Lenovo that include all of the limitations of one or more
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`claims of the ’194 patent.
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`44.
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`Upon information and belief, distributors and consumers that purchase Lenovo’s
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`display products that include all of the limitations of one or more claims of the ’194 patent,
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`including but not limited to laptops, desktops, and tablets 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.
`
`45.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to Lenovo 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
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`elsewhere within the United States and/or importing infringing products into the United States.
`
`46.
`
`Upon information and belief, Lenovo had knowledge of the ’194 patent and its
`
`infringing conduct at least since the filing of this lawsuit, when Lenovo was formally placed on
`
`notice of its infringement.
`
`47.
`
`Upon information and belief, since at least the above-mentioned date when IDT
`
`formally placed Lenovo on notice of its infringement, Lenovo 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 laptops, desktops, and tablets 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, Lenovo does so with knowledge, or with willful blindness of the fact, that the induced acts
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`constitute infringement of the ’194 patent. Upon information and belief, Lenovo 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.
`
`48.
`
`As a direct and proximate result of these acts of patent infringement, Lenovo 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
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`Patent Infringement of U.S. Patent No. 7,384,177
`
`49.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-48 as
`
`though fully set forth herein.
`
`The ’177 patent is valid and enforceable.
`
`Lenovo has never been licensed, either expressly or impliedly, under the ’177
`
`50.
`
`51.
`
`patent.
`
`52.
`
`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 Lenovo 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,
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`Case 1:13-cv-02108-RGA Document 1 Filed 12/31/13 Page 13 of 32 PageID #: 13
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`offered for sale, sold within, and/or imported into the United States that embody one or more
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`claims of that patent.
`
`53.
`
`Upon information and belief, Lenovo has been and is directly infringing under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, and/or indirectly infringing,
`
`by way of inducement with specific intent under 35 U.S.C. § 271(b), the ’177 patent by making,
`
`using, offering to sell, and/or selling to third-party 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 laptops,
`
`desktops, and tablets with an LCD, their display components, and/or other products made, used,
`
`sold, offered for sale, or imported by Lenovo that include all of the limitations of one or more
`
`claims of the ’177 patent.
`
`54.
`
`Upon information and belief, distributors and consumers that purchase Lenovo’s
`
`display products that include all of the limitations of one or more claims of the ’177 patent,
`
`including but not limited to laptops, desktops, and tablets 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.
`
`55.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to Lenovo 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
`
`
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`(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.
`
`56.
`
`Upon information and belief, Lenovo had knowledge of the ’177 patent and its
`
`infringing conduct at least since the filing of this lawsuit, when Lenovo was formally placed on
`
`notice of its infringement.
`
`57.
`
`Upon information and belief, since at least the above-mentioned date when IDT
`
`formally placed Lenovo on notice of its infringement, Lenovo 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 laptops, desktops, and tablets 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, Lenovo 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, Lenovo 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.
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`58.
`
`As a direct and proximate result of these acts of patent infringement, Lenovo 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
`
`59.
`
`Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-58 as
`
`though fully set forth herein.
`
`The ’660 patent is valid and enforceable.
`
`Lenovo has never been licensed, either expressly or impliedly, under the ’660
`
`60.
`
`61.
`
`patent.
`
`62.
`
`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 Lenovo 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.
`
`63.
`
`Upon information and belief, Lenovo 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 laptops,
`
`
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`Case 1:13-cv-02108-RGA Document 1 Filed 12/31/13 Page 16 of 32 PageID #: 16
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`desktops, and tablets with an LCD, their display components, and/or other products made, used,
`
`sold, offered for sale, or imported by Lenovo that include all of the limitations of one or more
`
`claims of the ’660 patent.
`
`64.
`
`Upon information and belief, distributors and consumers that purchase Lenovo’s
`
`display products that include all of the limitations of one or more claims of the ’660 patent,
`
`including but not limited to laptops, desktops, and tablets 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.
`
`65.
`
` Upon information and belief, the third-party manufacturers, distributors, and
`
`importers that sell display products to Lenovo 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.
`
`66.
`
`Upon information and belief, Lenovo had knowledge of the ’660 patent and its
`
`infringing conduct at least since the filing of this lawsuit, when Lenovo was formally placed on
`
`notice of its infringement.
`
`67.
`
`Upon information and belief, since at least the above-mentioned date when IDT
`
`formally placed Lenovo on notice of its infringement, Lenovo 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,
`
`
`
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`Case 1:13-cv-02108-RGA Document 1 Filed 12/31/13 Page 17 of 32 PageID #: 17
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`including but not limited to laptops, desktops, and tablets 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, Lenovo 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, Lenovo intends to cause,
`
`and ha