Case 2:16-cv-01424-JRG-RSP Document 1 Filed 12/16/16 Page 1 of 16 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`FUNDAMENTAL INNOVATION
`SYSTEMS INTERNATIONAL LLC,
`
`Plain tiff,
`
`Civil Action No.
`
`vs.
`
`HUA WEI INVESTMENT & HOLDING
`CO., LTD., HUAWEI TECHNOLOGIES
`CO., LTD., HUAWEI DEVICE USA, INC.,
`AND FUTUREWEI TECHNOLOGIES,
`INC.,
`
`Defendants.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
`
`Plaintiff Fundamental
`
`Innovation Systems
`
`International LLC
`
`("Plaintiff' or
`
`"Fundamental"), by and through its undersigned counsel, brings this action against Defendants
`
`Huawei Investment & Holding Co., Ltd., Huawei Technologies Co., Ltd., Huawei Device USA,
`
`Inc., and Futurewei Technologies, Inc. (collectively, "Defendants" or "Huawei") to prevent the
`
`Defendants' continued infringement of Plaintiffs patents without authorization and to recover
`
`damages resulting from such infringement.
`
`PARTIES
`
`1.
`
`Plaintiff is a Delaware limited liability company with its principal place of
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`business located at 2990 Long Prairie Road, Suite B, Flower Mound, Texas 75022.
`
`2.
`
`Fundamental is the owner by assignment of all right, title, and interest in U.S.
`
`Patent Nos. 7,239, Ill (the "'Ill Patent"), 7,834,586 (the "' 586 Patent"), 8,232, 766 (the "'766
`
`Patent"), 8,624,550 (the "'550 Patent"), and 7,893,655 (the "'655 Patent") (collectively, the
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`"Patents-in-Suit").
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`

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`3.
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`On information and belief, Defendant Huawei Investment & Holding Co., Ltd. is
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`a Chinese corporation with a principal place of business at Bantian, Longgan District, Shenzhen,
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`518129, People's Republic of China.
`
`4.
`
`On information and belief, Defendant Huawei Technologies Co., Ltd. is a Chinese
`
`corporation with a principal place of business at Bantian, Longgang District, Shenzhen 518129,
`
`People's Republic of China.
`
`5.
`
`On information and belief, Defendant Huawei Device USA, Inc., is a Texas
`
`corporation with a principal place of business located at 5700 Tennyson Parkway, Suite 600,
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`Plano, Texas 75024. Huawei Device USA, Inc. is authorized to do business in Texas and may be
`
`served via its registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas,
`
`Texas 75201-3136.
`
`6.
`
`On information and belief, Defendant Futurewei Technologies, Inc., is a Texas
`
`corporation with a principal place of business located at 5700 Tennyson Parkway, Suite 500,
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`Plano, Texas 75024. Futurewei Technologies, Inc. is authorized to do business in Texas and
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`may be served via its registered agent, CT Corporation System, 1999 Bryan Street, Suite 900,
`
`Dallas, Texas 75201-3136.
`
`7.
`
`All ofthe Defendants operate under and identify with the trade name "Huawei."
`
`On information and belief, each of the Defendants directly or indirectly imports, develops,
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`designs, manufactures, uses, distributes, markets, offers to sell and/or sells products and services
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`in the United States, including in this district, and otherwise purposefully directs activities to the
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`same. On information and belief, the Defendants have been and are acting in concert and are
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`otherwise liable jointly, severally or in the alternative for a right to relief with respect to or
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`arising out of the same transaction, occurrence or series of transactions or occurrences relating to
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`the making, using, importing into the United States, offering for sale or selling of at least one
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`infringing product.
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`JURISDICTION AND VENUE
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`8.
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`This is an action for patent infringement arising under the patent laws of the
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`United States of America, 35 U.S.C. §1, et seq., including 35 U.S.C. § 271. This Court has
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`subject matter jurisdiction under 28 U.S. C. § 1331 and§§ 1338(a).
`
`9.
`
`This Court has personal jurisdiction over Huawei because it has substantial,
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`systematic, and continuous contacts with this judicial district. On information and belief,
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`Huawei regularly conducts business in the State of Texas and in this judicial district, and
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`maintains facilities and employees within Texas and within this judicial district. On information
`
`and belief, Huawei has sold and offered to sell infringing products in this State and judicial
`
`district and has committed acts of patent infringement and/or contributed to or induced acts of
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`patent infringement by others in this judicial district and elsewhere in Texas. Huawei Device
`
`USA, Inc. and Futurewei Technologies, Inc. are incorporated in this state and headquartered in
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`this District. Huawei also maintains an agent for service of process at 1999 Bryan Street, Suite
`
`900, Dallas, Texas 75201, as well as the presence of authorized retailers/repair facilities for the
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`Accused Products in this judicial district. For example, Huawei has authorized retailers for the
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`Accused Products in this judicial district such as Fry's Electronics, Inc., including in Plano,
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`Texas.
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`10.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)-(d) and
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`1400(b ). Huawei resides in and is subject to personal jurisdiction in this judicial district, and has
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`a regular and established place of business in this judicial district, including headquarters in
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`Plano, Texas. Further, certain of the acts giving rise to the claims alleged herein occurred in this
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`judicial district. Huawei has committed acts of infringement in this judicial district by, among
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`other things, selling and offering for sale infringing products in this judicial district and through
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`the business operations ofHuawei entities in this judicial district.
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`FACTUAL ALLEGATIONS
`
`The Patents-in-Suit
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`11.
`
`The Patents-in-Suit relate to, among other things, novel techniques for using
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`Universal Serial Bus ("USB") in connection with wireless mobile devices to both facilitate data
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`communication and allow for the charging of certain classes of devices. This technology
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`represented a fundamental break from previous techniques for mobile device charging and has
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`supported the rapid miniaturization of mobile devices, improved user experiences and led to a
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`dramatic increase in performance and features.
`
`12.
`
`The Patents-in-Suit resulted from a large scale research and development program
`
`at Research In Motion Limited
`
`("RIM"),
`
`later reorganized as BlackBerry Limited
`
`("BlackBerry"). At the time of invention, RIM was a global leader and pioneer in the field of
`
`wireless mobile communications. The company was founded in 1984 and revolutionized the
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`mobile industry when it launched the BlackBerry® 850 in 1999. Fundamental is responsible for
`
`protecting and licensing seminal BlackBerry innovations in the field ofUSB charging.
`
`Huawei 's Accused Products
`
`13.
`
`On information and belief, Huawei, makes, uses, sells, offers for sale and/or
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`imports infringing products in the United States, including but not limited to infringing mobile
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`devices and power adapters (the "Accused Products"). Examples of the Accused Products
`
`include, but are not limited to, the Honor 8, P9, Mate 8, MateS, P8, Ascend Mate 7, Ascend P6,
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`MediaPad M2, HW-050100C2W, HW-050200U3W, HW-050100U01, HW-050100U3W, HW-
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`059200CHQ, HW-059200UHQ, and other models that include similar functionality to the extent
`
`not licensed to the Patents-in-Suit.
`
`14.
`
`On information and belief, certain of the Accused Products are mobile devices
`
`that can be used with a wireless telecommunications network. The mobile devices include USB
`
`interfaces, USB communication paths and charging sub-systems that are operably connected to
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`the USB interface. The charging sub-systems are configured to receive power and use the power
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`to charge a battery. The mobile devices are able to detect an identification signal received via
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`the USB interface, which may be an abnormal USB data condition and is different than USB
`
`enumeration. The identification signal enables the mobile device to draw current unrestricted by
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`a USB specification limit.
`
`15.
`
`On information and belief, certain of the Accused Products are devices that
`
`include a rechargeable battery and USE-compliant charging and power supply circuits. The
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`Accused Products include switch-mode battery charging circuitry that receives power from an
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`external source and supplies power through an output node of the switch-mode battery charging
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`circuitry to the device and via a switch to the rechargeable battery. The switch-mode battery
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`charging circuitry is able to supply output power with a current that is greater than the current
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`from the external power source. The Accused Products also include battery isolation circuitry
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`that can receive a reference voltage from the device, determine a minimum voltage value, sense
`
`that an output voltage at the output node is below the minimum value, and control the switch to
`
`restrict current to the rechargeable battery in order to increase power allocated to the device.
`
`16.
`
`On information and belief, certain of the Accused Products are USB adapters that
`
`are designed to provide power to a mobile device through a USB port. The Accused Products
`
`receive power from a power socket and include a power converter that regulates the received
`
`power to generate a DC power output. The Accused Products are configured to generate an
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`identification signal that indicates to the mobile device that it is receiving power from a source
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`that is not a USB host or hub. The Accused Products are able to supply current to a mobile
`
`device without regard to at least one associated condition specified in a USB specification.
`
`Huawei 's Knowledge of the Patents-in-Suit and Infringement
`
`17.
`
`No later than December 14, 2015, Huawei had first received specific notice that it
`
`infringes the Patents-in-Suit via a letter from Fundamental to Mr. Charles Ding, Corporate
`
`Senior Vice President of Defendant Huawei Technologies USA, Inc. and Chief Huawei
`
`Representative in the United States.
`
`18.
`
`On information and belief, subsequent to December 14, 2015, Huawei has
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`continued to make, use, sell, offer for sale, and import into the United States the Accused
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`Products. As an example, Huawei has continued to sell, offer to sell and import Accused
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`Products via its own web sites, including http://www.huawei.com/us/, and through authorized
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`retailers and distributors. Huawei's making, using, selling, offering to sell and importing ofthe
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`Accused Products into the United States constitute direct infringement under 35 U.S.C. § 271(a).
`
`On information and belief, Huawei also directly infringes one or more method claims in the
`
`Patents-in-Suit by testing, repairing, and using the Accused Products in the United States.
`
`19.
`
`On information and belief, subsequent to December 14, 2015, Huawei has
`
`continued to make, use, sell, offer for sale, and import into the United States the Accused
`
`Products with knowledge that these Accused Products are a material part of inventions claimed
`
`by the Patents-in-Suit and are especially made or adapted for use in an infringement of the
`
`Patents-in-Suit. On information and belief, Huawei knows that the Accused Products are not a
`
`staple article or commodity of commerce suitable for substantial non-infringing use. Huawei's
`
`actions contribute to the direct infringement of the Patents-in-Suit by others, including customers
`
`ofthe Accused Products, in violation of35 U.S.C. § 271(c). For example, the Accused Products
`
`include battery charging adapters, which are a component of a patented machine, manufacture, or
`
`combination, or an apparatus for use in practicing a patented process. Furthermore, such
`
`components are a material part of the invention and are not a staple article or commodity of
`
`commerce suitable for substantial non-infringing use.
`
`20.
`
`On information and belief, subsequent to December 14, 2015, Huawei has
`
`continued to advertise and distribute the Accused Products, offer technical assistance, and
`
`publish user manuals, specifications, promotional literature or instructions to customers, partners,
`
`and/or end users, advising them to use the Accused Products in a manner that directly infringes
`
`the Patents-in-Suit. On information and belief, by such acts, Huawei actively induced, and
`
`continues to actively induce, direct infringement ofthe Patents-in-Suit, in violation of35 U.S.C.
`
`§ 271(b). For example, Defendants' customers who purchase the Accused Products and operate
`
`the Accused Products in accordance with instructions provided by Huawei, directly infringe one
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`or more claims of the Patents-in-Suit. Huawei provides such instructions through, for example,
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`user guides, including user guides located at: http://consumer.huawei.com/en/support/.
`
`21.
`
`On information and belief, Huawei has further actively induced infringement by
`
`remaining willfully blind to its customers' infringement despite believing there to be a high
`
`probability its customers, among others, infringe the Patents-in-Suit.
`
`FIRST CLAIM FOR RELIEF
`
`(Infringement of U.S. Patent No. 8,232,766)
`
`22.
`
`Fundamental re-alleges and incorporates by reference the allegations of the
`
`preceding paragraphs ofthis Complaint as if fully set forth herein.
`
`23.
`
`The '766 Patent, titled "Multifunctional Charger System and Method," was duly
`
`and legally issued on July 31, 2012. A true and correct copy of the '766 Patent is attached as
`
`Exhibit A
`
`24.
`
`The '766 Patent names Daniel M. Fischer, Dan G. Radut, Michael F. Habicher,
`
`Quang A Luong, and Jonathan T. Malton as co-inventors.
`
`25.
`
`The '766 Patent has been in full force and effect since its issuance. Fundamental
`
`owns by assignment the entire right, title, and interest in and to the '766 Patent, including the
`
`exclusive right to seek damages for past, current and future infringement thereof
`
`26.
`
`On information and belief, Huawei has been, and currently is, directly infringing
`
`the '766 Patent by making, using, selling, offering to sell, and/or importing into the United States
`
`Accused Products including, for example, the Honor 8, P9, Mate 8, MateS, P8, Ascend Mate 7,
`
`Ascend P6, MediaPad M2, MediaPad T 1, and other models that include similar functionality to
`
`the extent not licensed to the Patents-in-Suit.
`
`27.
`
`On information and belief, Huawei has been, and currently is,
`
`inducing
`
`infringement ofthe '766 Patent, in violation of35 U.S.C. § 271(b), by knowingly encouraging or
`
`aiding others to make, use, sell, or offer to sell the Accused Products in the United States, or to
`
`import the Accused Products into the United States, without license or authority from
`
`Fundamental, with knowledge of or willful blindness to the fact that Huawei's actions will
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`induce others, including but not limited to its customers, partners, and/or end users, to directly
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`infringe the '766 patent. Huawei induces others to infringe the '766 patent by encouraging and
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`facilitating others to perform actions that Huawei knows to be acts of infringement of the '766
`
`patent with intent that those performing the acts infringe the '766 patent.
`
`28.
`
`On information and belief, Huawei has been, and currently 1s, contributorily
`
`infringing the '766 Patent, in violation of 35 U.S. C. § 271(c), by selling or offering for sale, in
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`this judicial district and throughout the United States, components that embody a material part of
`
`the inventions described in the '766 Patent, are known by Huawei to be especially made or
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`especially adapted for use in infringement of the '766 Patent, and are not staple articles of
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`commerce or commodities suitable for substantial, non-infringing use, including at least the
`
`Accused Products. Huawei's actions contribute to the direct infringement ofthe Patents-in-Suit
`
`by others, including customers ofthe Accused Products, in violation of35 U.S.C. § 271(c).
`
`29.
`
`As a result of Huawei's infringement of the '766 Patent, Fundamental has been
`
`damaged. Fundamental is entitled to recover for damages sustained as a result of Huawei's
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`wrongful acts in an amount to be determined.
`
`30.
`
`In addition, Huawei's infringing acts have caused and are causing immediate and
`
`irreparable harm to Fundamental.
`
`31.
`
`Huawei has had actual knowledge of its infringement of the '7 66 Patent since no
`
`later than December 14, 2015. On information and belief, Huawei's infringement of the '766
`
`Patent has been and continues to be deliberate and willful, and, therefore, this is an exceptional
`
`case warranting an award of treble damages and attorney's fees to Fundamental pursuant to 3 5
`
`U.S.C. §§ 284-285.
`
`SECOND CLAIM FOR RELIEF
`
`(Infringement of U.S. Patent No. 7,834,586)
`
`32.
`
`Fundamental re-alleges and incorporates by reference the allegations of the
`
`preceding paragraphs ofthis Complaint as if fully set forth herein.
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`33.
`
`The '586 Patent, titled "Multifunctional Charger System and Method," was duly
`
`and legally issued on November 16, 2010. A true and correct copy ofthe '586 Patent is attached
`
`as Exhibit B.
`
`34.
`
`The '586 Patent names Daniel M. Fischer, Dan G. Radut, Michael F. Habicher,
`
`Quang A Luong, and Jonathan T. Malton, as co-inventors.
`
`35.
`
`The '586 Patent has been in full force and effect since its issuance. Fundamental
`
`owns by assignment the entire right, title, and interest in and to the '586 Patent, including the
`
`right to seek damages for past, current and future infringement thereof
`
`36.
`
`On information and belief, Huawei has been, and currently is, directly infringing
`
`the '586 Patent by making, using, selling, offering to sell, and/or importing into the United States
`
`the Accused Products including, for example, the Honor 8, P9, Mate 8, Mate S, P8, Ascend Mate
`
`7, Ascend P6, MediaPad M2, MediaPad T1, and other models that include similar functionality
`
`to the extent not licensed to the Patents-in-Suit.
`
`3 7.
`
`On information and belief, Huawei has been, and currently is,
`
`inducing
`
`infringement ofthe '586 Patent, in violation of35 U.S.C. § 271(b), by knowingly encouraging or
`
`aiding others to make, use, sell, or offer to sell the Accused Products in the United States, or to
`
`import the Accused Products into the United States, without license or authority from
`
`Fundamental, with knowledge of or willful blindness to the fact that Huawei's actions will
`
`induce others, including but not limited to its customers, partners, and/or end users, to directly
`
`infringe the '586 patent. Huawei induces others to infringe the '586 patent by encouraging and
`
`facilitating others to perform actions that Huawei knows to be acts of infringement of the '5 86
`
`patent with intent that those performing the acts infringe the '586 patent.
`
`38.
`
`On information and belief, Huawei has been, and currently 1s, contributorily
`
`infringing the '586 Patent, in violation of 35 U.S. C. § 271(c), by selling or offering for sale, in
`
`this judicial district and throughout the United States, components that embody a material part of
`
`the inventions described in the '586 Patent, are known by Huawei to be especially made or
`
`especially adapted for use in infringement of the '586 Patent, and are not staple articles of
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`commerce or commodities suitable for substantial, non-infringing use, including at least the
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`Accused Products. Huawei's actions contribute to the direct infringement ofthe Patents-in-Suit
`
`by others, including customers ofthe Accused Products, in violation of35 U.S.C. § 271(c).
`
`39.
`
`As a result of Huawei's infringement of the '586 Patent, Fundamental has been
`
`damaged. Fundamental is entitled to recover for damages sustained as a result of Huawei's
`
`wrongful acts in an amount to be determined.
`
`40.
`
`In addition, Huawei's infringing acts have caused and are causing immediate and
`
`irreparable harm to Fundamental.
`
`41.
`
`Huawei has had actual knowledge of its infringement of the '5 86 Patent since no
`
`later than December 14, 2015. On information and belief, Huawei's infringement of the '586
`
`Patent has been and continues to be deliberate and willful, and, therefore, this is an exceptional
`
`case warranting an award of treble damages and attorney's fees to Fundamental pursuant to 3 5
`
`U.S.C. §§ 284-285.
`
`THIRD CLAIM FOR RELIEF
`
`(Infringement of U.S. Patent No. 7,893,655)
`
`42.
`
`Fundamental re-alleges and incorporates by reference the allegations of the
`
`preceding paragraphs ofthis Complaint as if fully set forth herein.
`
`43.
`
`The '655 Patent, titled "Charging And Power Supply For Mobile Devices," was
`
`duly and legally issued on February 22, 2011. A true and correct copy of the '655 Patent is
`
`attached as Exhibit C.
`
`44.
`
`45.
`
`The '655 Patent names Dusan Veselic as the inventor.
`
`The '655 Patent has been in full force and effect since its issuance. Fundamental
`
`owns by assignment the entire right, title, and interest in and to the '655 Patent, including the
`
`exclusive right to seek damages for past, current and future infringement thereof
`
`46.
`
`On information and belief, Huawei has been, and currently is, directly infringing
`
`the '655 Patent by making, using, selling, offering to sell, and/or importing into the United States
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`the Accused Products including, for example, the Honor 8, P9, Mate S, P8, Ascend Mate 7,
`
`Ascend P6, MediaPad M2, and other models that include similar functionality to the extent not
`
`licensed to the Patents-in-Suit.
`
`4 7.
`
`On information and belief, Huawei has been, and currently is,
`
`inducing
`
`infringement ofthe '655 Patent, in violation of35 U.S.C. § 271(b), by knowingly encouraging or
`
`aiding others to make, use, sell, or offer to sell the Accused Products in the United States, or to
`
`import the Accused Products into the United States, without license or authority from
`
`Fundamental, with knowledge of or willful blindness to the fact that Huawei's actions will
`
`induce others, including but not limited to its customers, partners, and/or end users, to directly
`
`infringe the '655 patent. Huawei induces others to infringe the '655 patent by encouraging and
`
`facilitating others to perform actions that Huawei knows to be acts of infringement of the '655
`
`patent with intent that those performing the acts infringe the '655 patent.
`
`48.
`
`On information and belief, Huawei has been, and currently 1s, contributorily
`
`infringing the '655 Patent, in violation of 35 U.S. C. § 271(c), by selling or offering for sale, in
`
`this judicial district and throughout the United States, components that embody a material part of
`
`the inventions described in the '655 Patent, are known by Huawei to be especially made or
`
`especially adapted for use in infringement of the '655 Patent, and are not staple articles of
`
`commerce or commodities suitable for substantial, non-infringing use, including at least the
`
`Accused Products. Huawei's actions contribute to the direct infringement ofthe Patents-in-Suit
`
`by others, including customers ofthe Accused Products, in violation of35 U.S.C. § 271(c).
`
`49.
`
`As a result of Huawei's infringement of the '655 Patent, Fundamental has been
`
`damaged. Fundamental is entitled to recover for damages sustained as a result of Huawei's
`
`wrongful acts in an amount to be determined.
`
`50.
`
`In addition, Huawei's infringing acts have caused and are causing immediate and
`
`irreparable harm to Fundamental.
`
`51.
`
`Huawei has had actual knowledge of its infringement of the '65 5 Patent since no
`
`later than December 14, 2015. On information and belief, Huawei's infringement of the '655
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`Patent has been and continues to be deliberate and willful, and, therefore, this is an exceptional
`
`case warranting an award of treble damages and attorney's fees to Fundamental pursuant to 3 5
`
`U.S.C. §§ 284-285.
`
`FOURTH CLAIM FOR RELIEF
`
`(Infringement of U.S. Patent No. 7,239,111)
`
`52.
`
`Fundamental re-alleges and incorporates by reference the allegations of the
`
`preceding paragraphs ofthis Complaint as if fully set forth herein.
`
`53.
`
`The 'Ill Patent, titled "Universal Serial Bus Adapter For A Mobile Device," was
`
`duly and legally issued on July 3, 2007. A true and correct copy of the 'Ill Patent is attached as
`
`Exhibit D.
`
`54.
`
`The 'Ill Patent names Daniel M. Fischer, Dan G. Radut, Michael F. Habicher,
`
`Quang A Luong, and Jonathan T. Malton as co-inventors.
`
`55.
`
`The 'Ill Patent has been in full force and effect since its issuance. Fundamental
`
`owns by assignment the entire right, title, and interest in and to the 'Ill Patent, including the
`
`right to seek damages for past, current and future infringement thereof
`
`56.
`
`On information and belief, Huawei has been, and currently is, directly infringing
`
`the 'Ill Patent by making, using, selling, offering to sell, and/or importing into the United States
`
`the Accused Products, including, for example, the HW-050100C2W, HW-050200U3W, HW-
`
`050100U01, HW-050100U3W, HW-059200CHQ, HW-059200UHQ, and other models that
`
`include similar functionality to the extent not licensed to the Patents-in-Suit.
`
`57.
`
`On information and belief, Huawei has been, and currently 1s,
`
`inducing
`
`infringement of the 'Ill Patent, in violation of35 U.S.C. § 27l(b ), by knowingly encouraging or
`
`aiding others to make, use, sell, or offer to sell the Accused Products in the United States, or to
`
`import the Accused Products into the United States, without license or authority from
`
`Fundamental, with knowledge of or willful blindness to the fact that Huawei's actions will
`
`induce others, including but not limited to its customers, partners, and/or end users, to directly
`
`- 12-
`
`

`

`Case 2:16-cv-01424-JRG-RSP Document 1 Filed 12/16/16 Page 13 of 16 PageID #: 13
`
`infringe the 'Ill patent. Huawei induces others to infringe the 'Ill patent by encouraging and
`
`facilitating others to perform actions that Huawei knows to be acts of infringement of the 'Ill
`
`patent with intent that those performing the acts infringe the 'Ill patent.
`
`58.
`
`On information and belief, Huawei has been, and currently 1s, contributorily
`
`infringing the 'Ill Patent, in violation of 35 U.S.C. § 27l(c), by selling or offering for sale, in
`
`this judicial district and throughout the United States, components that embody a material part of
`
`the inventions described in the 'Ill Patent, are known by Huawei to be especially made or
`
`especially adapted for use in infringement of the 'Ill Patent, and are not staple articles of
`
`commerce or commodities suitable for substantial, non-infringing use, including at least the
`
`Accused Products. Huawei's actions contribute to the direct infringement ofthe Patents-in-Suit
`
`by others, including customers ofthe Accused Products, in violation of35 U.S.C. § 27l(c).
`
`59.
`
`As a result of Huawei's infringement of the 'Ill Patent, Fundamental has been
`
`damaged. Fundamental is entitled to recover for damages sustained as a result of Huawei's
`
`wrongful acts in an amount to be determined.
`
`60.
`
`In addition, Huawei's infringing acts have caused and are causing immediate and
`
`irreparable harm to Fundamental.
`
`61.
`
`Huawei has had actual knowledge of its infringement of the 'Ill Patent since no
`
`later than December 14, 2015. On information and belief, Huawei' s infringement of the 'Ill
`
`Patent has been and continues to be deliberate and willful, and, therefore, this is an exceptional
`
`case warranting an award of treble damages and attorney's fees to Fundamental pursuant to 3 5
`
`U.S.C. §§ 284-285.
`
`FIFTH CLAIM FOR RELIEF
`
`(Infringement of U.S. Patent No. 8,624,550)
`
`62.
`
`Fundamental re-alleges and incorporates by reference the allegations of the
`
`preceding paragraphs ofthis Complaint as if fully set forth herein.
`
`63.
`
`The '550 Patent, titled "Multifunctional Charger System and Method," was duly
`
`- 13-
`
`

`

`Case 2:16-cv-01424-JRG-RSP Document 1 Filed 12/16/16 Page 14 of 16 PageID #: 14
`
`and legally issued on January 7, 2014. A true and correct copy ofthe '550 Patent is attached as
`
`Exhibit E.
`
`64.
`
`The '550 Patent names Daniel M. Fischer, Dan G. Radut, Michael F. Habicher,
`
`Quang A Luong, and Jonathan T. Malton as co-inventors.
`
`65.
`
`The '550 Patent has been in full force and effect since its issuance. Fundamental
`
`owns by assignment the entire right, title, and interest in and to the '550 Patent, including the
`
`right to seek damages for past, current and future infringement thereof
`
`66.
`
`On information and belief, Huawei has been, and currently is, directly infringing
`
`the '550 Patent by making, using, selling, offering to sell, and/or importing into the United States
`
`the Accused Products including, for example, the HW-050100C2W, HW-050200U3W, HW-
`
`050100U01, HW-050100U3W, HW-059200CHQ, HW-059200UHQ, and other models that
`
`include similar functionality to the extent not licensed to the Patents-in-Suit.
`
`67.
`
`On information and belief, Huawei has been, and currently Is,
`
`inducing
`
`infringement ofthe '550 Patent, in violation of35 U.S.C. § 271(b), by knowingly encouraging or
`
`aiding others to make, use, sell, or offer to sell the Accused Products in the United States, or to
`
`import the Accused Products into the United States, without license or authority from
`
`Fundamental, with knowledge of or willful blindness to the fact that Huawei's actions will
`
`induce others, including but not limited to its customers, partners, and/or end users, to directly
`
`infringe the '550 patent. Huawei induces others to infringe the '550 patent by encouraging and
`
`facilitating others to perform actions that Huawei knows to be acts of infringement of the '550
`
`patent with intent that those performing the acts infringe the '550 patent.
`
`68.
`
`On information and belief, Huawei has been, and currently Is, contributorily
`
`infringing the '550 Patent, in violation of 35 U.S. C. § 271(c), by selling or offering for sale, in
`
`this judicial district and throughout the United States, components that embody a material part of
`
`the inventions described in the '550 Patent, are known by Huawei to be especially made or
`
`especially adapted for use in infringement of the '550 Patent, and are not staple articles of
`
`commerce or commodities suitable for substantial, non-infringing use, including at least the
`
`- 14-
`
`

`

`Case 2:16-cv-01424-JRG-RSP Document 1 Filed 12/16/16 Page 15 of 16 PageID #: 15
`
`Accused Products. Huawei's actions contribute to the direct infringement ofthe Patents-in-Suit
`
`by others, including customers ofthe Accused Products, in violation of35 U.S.C. § 271(c).
`
`69.
`
`As a result of Huawei's infringement of the '550 Patent, Fundamental has been
`
`damaged. Fundamental is entitled to recover for damages sustained as a result of Huawei's
`
`wrongful acts in an amount to be determined.
`
`70.
`
`In addition, Huawei's infringing acts have caused and are causing immediate and
`
`irreparable harm to Fundamental.
`
`71.
`
`Huawei has had actual knowledge of its infringement ofthe '550 Patent since no
`
`later than December 14, 2015. On information and belief, Huawei's infringement of the '550
`
`Patent has been and continues to be deliberate and willful, and, therefore, this is an exceptional
`
`case warranting an award of treble damages and attorney's fees to Fundamental pursuant to 3 5
`
`U.S.C. §§ 284-285.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Fundamental prays for judgment against Huawei as follows:
`
`A
`
`B.
`
`That Huawei has infringed, and continues to infringe, each of the Patents-in-Suit;
`
`That Huawei pay Fundamental damages adequate to compensate Fundamental for
`
`Huawei's infringement of the Patents-in-Suit, together with interest and costs under 35 U.S. C.
`
`§ 284.
`
`C.
`
`That Huawei be ordered to pay pre-judgment and pos