Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 1 of 10
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`CASE NO.
`
`
`
`
`Plaintiff,
`
`PRISUA ENGINEERING CORP.,
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and
`SAMSUNG ELECTRONICS LATINOAMERICA
`MIAMI, INC.
`
`
`Defendants.
`
`
`___________________________________________/
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Prisua Engineering Corp. (“Prisua”), through undersigned counsel, hereby sues
`
`Samsung Electronics Co., Ltd. (“Samsung Korea”) Samsung Electronics America, Inc.
`
`(“Samsung America”) and Samsung Electronics Latinoamerica Miami (“Samsung
`
`Miami”) (collectively, “Samsung”) for patent infringement, and alleges as follows:
`
`THE PARTIES
`
`1.
`
`Prisua is a corporation organized and existing under the laws of the State
`
`of Florida, with a principal place of business in Coral Gables, Florida.
`
`2.
`
`Defendant Samsung Korea is a company organized under the laws of
`
`Korea, with its principal place of business in Suwon-City, Gyeonggi-do, Korea.
`
`3.
`
`Defendant Samsung America is a corporation organized and existing
`
`under the laws of the State of New York, with a principal place of business in Ridgefield
`
`Park, New Jersey. Samsung America is a wholly owned subsidiary of Samsung Korea.
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`CASE NO.
`
`
`
`
`Plaintiff,
`
`PRISUA ENGINEERING CORP.,
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and
`SAMSUNG ELECTRONICS LATINOAMERICA
`MIAMI, INC.
`
`
`Defendants.
`
`
`___________________________________________/
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Prisua Engineering Corp. (“Prisua”), through undersigned counsel, hereby sues
`
`Samsung Electronics Co., Ltd. (“Samsung Korea”) Samsung Electronics America, Inc.
`
`(“Samsung America”) and Samsung Electronics Latinoamerica Miami (“Samsung
`
`Miami”) (collectively, “Samsung”) for patent infringement, and alleges as follows:
`
`THE PARTIES
`
`1.
`
`Prisua is a corporation organized and existing under the laws of the State
`
`of Florida, with a principal place of business in Coral Gables, Florida.
`
`2.
`
`Defendant Samsung Korea is a company organized under the laws of
`
`Korea, with its principal place of business in Suwon-City, Gyeonggi-do, Korea.
`
`3.
`
`Defendant Samsung America is a corporation organized and existing
`
`under the laws of the State of New York, with a principal place of business in Ridgefield
`
`Park, New Jersey. Samsung America is a wholly owned subsidiary of Samsung Korea.
`
`
`
`Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 2 of 10
`
`4.
`
`Defendant Samsung Miami is a corporation organized and existing under
`
`the laws of the State of Florida, with a principal place of business in Miami, Florida.
`
`Samsung Miami is a wholly owned subsidiary of Samsung Korea.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for patent infringement arising under the patent laws of
`
`the United States, Title 35 of the United States Code, Section 271 et seq.
`
`6.
`
`This Court has federal question jurisdiction over this action under 28
`
`U.S.C. §§ 1331 and 1338(a) because Prisua seeks relief under the Patent Act, 35 U.S.C. §
`
`271 et seq., including remedies for infringement of a United States patent owned by
`
`Prisua.
`
`7.
`
`Samsung is subject to personal jurisdiction in this state under Florida
`
`Statutes § 48.181 and/or §48.193. Samsung maintains offices in this state, has transacted
`
`and continues to transact business in this state, has contracted to supply services or
`
`products in this state, and/or has caused tortious injury in this state.
`
`8.
`
`Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b) because a
`
`substantial part of the events giving rise to these claims occurred in this judicial district,
`
`because Prisua has suffered injury in this district, and because Samsung resides in this
`
`district under the patent venue statute by having committed acts of alleged patent
`
`infringement in this district.
`
`FACTUAL BACKGROUND
`
`9.
`
`Prisua is the owner of United States Patent No. 8,650,591 (the “‘591
`
`Patent”). The ‘591 Patent is entitled “Video Enabled Digital Devices for Embedding
`
`
`
`2
`
`
`
`Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 3 of 10
`
`User Data in Interactive Applications.” A true and correct copy of the ‘591 Patent is
`
`attached as Exhibit “A” hereto.
`
`10.
`
`The ‘591 Patent was filed on March 8, 2011 by its inventor, Dr. Yolanda
`
`Prieto, claiming priority to provisional application No. 61/311,892, filed on March 9,
`
`2010.
`
`11.
`
`The ‘591 Patent was duly and lawfully issued by the U.S. Patent Office on
`
`February 11, 2014. The ‘591 Patent is now, and has been at all times since its date of
`
`issue, valid and enforceable.
`
`12.
`
`Dr. Yolanda Prieto, the ‘591 Patent’s inventor, is an officer and director of
`
`Prisua. Dr. Prieto received a Ph.D. with a concentration in Image and Video Signal
`
`Processing and a Master’s Degree in Electrical Engineering, both from the University of
`
`Miami. Dr. Prieto’s professional experience in the digital signal processing and
`
`integrated circuit design industry spans over 30 years, having served as a senior scientist
`
`at Motorola and Freescale Semiconductor.
`
`13.
`
`Claim 1 of the ‘591 Patent recites:
`
`An interactive media apparatus for generating a displayable edited video
`data stream from an original video data stream, wherein at least one pixel
`in a frame of said original video data stream is digitally extracted to form a
`first image, said first image then replaced by a second image resulting
`from a digital extraction of at least one pixel in a frame of a user input
`video data stream, said apparatus comprising:
`
`an image capture device capturing the user input video data stream;
`
`an image display device displaying the original video stream;
`
` data entry device, operably coupled with the image capture device and
`the image display device, operated by a user to select the at least one pixel
`in the frame of the user input video data stream to use as the second
`image, and further operated by the user to select the at least one pixel to
`use as the first image;
`
` a
`
`
`
`3
`
`
`
`Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 4 of 10
`
`
`wherein said data entry device is selected from a group of devices
`consisting of: a keyboard, a display, a wireless communication capability
`device, and an external memory device;
`
`a digital processing unit operably coupled with the data entry device, said
`digital processing unit performing:
`
`identifying the selected at least one pixel in the frame of the user
`input video data stream;
`
`extracting the identified at least one pixel as the second image;
`
`storing the second image in a memory device operably coupled
`with the interactive media apparatus;
`
`receiving a selection of the first image from the original video data
`stream;
`
`extracting the first image;
`
`spatially matching an area of the second image to an area of the
`first image in the original video data stream, wherein spatially
`matching the areas results in equal spatial lengths and widths
`between said two spatially matched areas; and
`
`performing a substitution of the spatially matched first image with
`the spatially matched second image to generate the displayable
`edited video data stream from the original video data stream.
`
`The ‘591 Patent is infringed by numerous mobile phones having camera
`
`14.
`
`functionality made by Samsung Korea and sold and offered for sale in the United States
`
`by Samsung America and Samsung Miami, including but not limited to the Galaxy S4,
`
`S4 mini, S5, S III and Samsung Mega products. The ‘591 Patent is also infringed by
`
`tablets and cameras made by Samsung Korea and sold and offered for sale in the United
`
`States by Samsung America and Samsung Miami, including but not limited to the
`
`Samsung Galaxy Note 10.1, Galaxy Note Pro and Galaxy Tab Pro tablets and NX300M,
`
`NX2000, WB800F, WB350 and WB250 cameras.
`
`
`
`4
`
`
`
`Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 5 of 10
`
`15.
`
`By way of example, the Galaxy S4 mobile phone includes an image
`
`capture device in the form of a front and back digital camera, a display device in the form
`
`of an LCD screen, and a data entry device in the form of a touchscreen keyboard. The
`
`phone also includes a digital processing unit in the form of Samsung’s application
`
`processor (i.e., Exynos 5 Octa (5410)), with its appurtenant NAND and DRAM memory
`
`devices. Samsung’s “Best Face” application utilizes the phone’s image capture device to
`
`capture multiple images. The image display next presents an original video data stream
`
`to users and – using the keyboard – users are able to select a portion of the captured
`
`images as well as a portion of the original video data stream. Thereafter, the phone’s
`
`digital processing unit – using its memory and processing components – spatially
`
`matches the second image (from the user input video data stream) to the first image (from
`
`the original video stream) and substitutes said first image with said second image (the
`
`user-selected “Best Face”). This same process is used in the other Samsung products
`
`identified above.
`
`16.
`
`On August 29, 2014, Prisua sent a letter to Samsung America, attaching a
`
`detailed claim chart outlining Samsung’s ongoing infringement. The letter and claim
`
`chart (the “Infringement Notice”) provided to Samsung are attached hereto as Exhibit
`
`“B.”
`
`17.
`
`18.
`
`A representative of Samsung Korea responded to the Infringement Notice.
`
`Prisua and the Samsung Korea representative then engaged in protracted
`
`discussions, during which time Prisua proposed a license agreement. Samsung, however,
`
`did not accept Prisua’s proposed license agreement.
`
`
`
`5
`
`
`
`Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 6 of 10
`
`19.
`
`To date, Samsung’s use of the technology covered by the ‘591 Patent
`
`continues to be unauthorized.
`
`COUNT I
`
`(Direct Infringement of the ‘591 Patent – Against Samsung America)
`
`Prisua incorporates and realleges paragraphs 1 through 19 of this
`
`20.
`
`Complaint.
`
`21.
`
`Samsung America has directly infringed and continues to directly infringe
`
`at least claim 1 of the ‘591 Patent by importing into the United States, and by offering for
`
`sale and selling in the United States, at least the following products:
`
`a. Galaxy S4;
`
`b. Galaxy S4 mini;
`
`c. Galaxy S5;
`
`d. Galaxy S III;
`
`e. Samsung Mega;
`
`f. Samsung Galaxy Note 10.1;
`
`g. Galaxy Note Pro;
`
`h. Galaxy Tab Pro;
`
`i. NX300M camera;
`
`j. NX2000 camera;
`
`k. WB800F camera;
`
`l. WB350 camera; and
`
`m. WB250 camera.
`
`
`
`6
`
`
`
`Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 7 of 10
`
`22.
`
`Samsung America’s aforementioned infringement activities violate 35
`
`U.S.C. §271(a).
`
`23.
`
`Samsung America’s infringement of the ‘591 Patent has been and
`
`continues to be intentional, willful, and without regard to Prisua’s rights.
`
`24.
`
`Prisua has sustained damages as a direct and proximate result of Samsung
`
`America’s infringement of the ‘591 Patent.
`
`25.
`
`Prisua will suffer and is suffering irreparable harm from Samsung
`
`America’s infringement of the ‘591 Patent. Prisua has no adequate remedy at law and is
`
`entitled to an injunction against Samsung America’s continuing infringement of the ‘591
`
`Patent. Unless enjoined, Samsung America will continue its infringing conduct.
`
`COUNT II
`
`(Direct Infringement of the ‘591 Patent – Against Samsung Miami)
`
`Prisua incorporates and realleges paragraphs 1 through 19 of this
`
`26.
`
`Complaint.
`
`27.
`
`Samsung Miami has directly infringed and continues to directly infringe at
`
`least claim 1 of the ‘591 Patent by offering for sale and selling in the United States, at
`
`least the following products:
`
`a. Galaxy S4;
`
`b. Galaxy S4 mini;
`
`c. Galaxy S5;
`
`d. Galaxy S III;
`
`e. Samsung Mega;
`
`f. Samsung Galaxy Note 10.1;
`
`
`
`7
`
`
`
`Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 8 of 10
`
`g. Galaxy Note Pro;
`
`h. Galaxy Tab Pro;
`
`i. NX300M camera;
`
`j. NX2000 camera;
`
`k. WB800F camera;
`
`l. WB350 camera; and
`
`m. WB250 camera.
`
`28.
`
`Samsung Miami’s aforementioned infringement activities violate 35
`
`U.S.C. §271(a).
`
`29.
`
`Samsung Miami’s infringement of the ‘591 Patent has been and continues
`
`to be intentional, willful, and without regard to Prisua’s rights.
`
`30.
`
`Prisua has sustained damages as a direct and proximate result of Samsung
`
`Miami’s infringement of the ‘591 Patent.
`
`31.
`
`Prisua will suffer and is suffering irreparable harm from Samsung Miami’s
`
`infringement of the ‘591 Patent. Prisua has no adequate remedy at law and is entitled to
`
`an injunction against Samsung Miami’s continuing infringement of the ‘591 Patent.
`
`Unless enjoined, Samsung Miami will continue its infringing conduct.
`
`COUNT III
`
`(Indirect Infringement of the ‘591 Patent – Against Samsung Korea)
`
`Prisua incorporates and realleges paragraphs 1 through 19 of this
`
`32.
`
`Complaint.
`
`
`
`8
`
`
`
`Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 9 of 10
`
`33.
`
`Based on the Infringement Notice, Samsung Korea knew of the ‘591
`
`Patent and that sales and offers for sale of the accused products conducted in the United
`
`States by Samsung America and Samsung Miami were infringing the ‘591 Patent.
`
`34.
`
`Samsung Korea has taken no steps to curtail the infringing conduct of
`
`Samsung America or Samsung Miami.
`
`35.
`
`Samsung Korea has controlled and instructed Samsung America and
`
`Samsung Miami in their infringing conduct.
`
`36.
`
`Samsung Korea’s actions in taking no steps to curtail the infringement and
`
`continuing to control and instruct its subsidiaries’ infringing conduct demonstrate
`
`Samsung Korea’s intent to induce infringement of the ‘591 Patent.
`
`37.
`
`Samsung Korea has indirectly infringed, and continues to indirectly
`
`infringe, at least claim 1 of the ‘591 Patent, by actively inducing Samsung America and
`
`Samsung Miami to commit the aforementioned acts of direct infringement, with
`
`knowledge of the ‘591 Patent and with intent to cause Samsung America’s and Samsung
`
`Miami’s direct infringement, in violation of 35 U.S.C. §271(b).
`
`38.
`
`Samsung Korea’s indirect infringement of the ‘591 Patent has been and
`
`continues to be intentional, willful, and without regard to Prisua’s rights.
`
`39.
`
`Prisua has sustained damages as a direct and proximate result of Samsung
`
`Korea’s infringement of the ‘591 Patent.
`
`40.
`
`Prisua will suffer and is suffering irreparable harm from Samsung Korea’s
`
`infringement of the ‘591 Patent. Prisua has no adequate remedy at law and is entitled to
`
`an injunction against Samsung Korea’s continuing infringement of the ‘591 Patent.
`
`Unless enjoined, Samsung Korea will continue its infringing conduct.
`
`
`
`9
`
`
`
`Case 1:16-cv-21761-XXXX Document 1 Entered on FLSD Docket 05/17/2016 Page 10 of 10
`
`WHEREFORE, Prisua prays:
`
`A.
`
`B.
`
`That the Court find Samsung liable for infringement of the ‘591 Patent;
`
`That Samsung be enjoined and restrained from importing, selling and/or
`
`offering to sell any products in the United States that infringe the ‘591 Patent;
`
`C.
`
`That the Court award Prisua damages due to Samsung’s infringement of
`
`the ‘591 Patent, and treble such amount pursuant to 35 U.S.C. § 284.
`
`D.
`
`That the Court find this case exceptional under 35 U.S.C. § 285 and award
`
`Prisua its reasonable attorneys’ fees and expenses incurred in this action.
`
`E.
`
`F.
`
`G.
`
`That the Court award Prisua its taxable costs and disbursements.
`
`That the Court award Prisua pre-judgment and post-judgment interest.
`
`For such other and further relief as this Court deems just and proper.
`
`
`
`Prisua demands trial by jury on all issues so triable.
`
`JURY DEMAND
`
`Dated: May 17, 2016
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`s/John C. Carey
`John C. Carey
`Florida Bar No. 78379
`jcarey@careyrodriguez.com
`Ernesto M. Rubi
`Florida Bar No. 92014
`erubi@careyrodriguez.com
`CAREY RODRIGUEZ
`MILIAN GONYA, LLP
`1395 Brickell Avenue, Suite 700
`Miami, Florida 33131
`Telephone: (305) 372-7474
`Facsimile: (305) 372-7475
`
`Counsel for Prisua Engineering Corp.
`
`
`10
`
`
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