Case 3:17-cv-01102-BEN-MSB Document 45 Filed 10/06/17 PageID.208 Page 1 of 97
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`Kent Walker (State Bar No. 173700)
`Lewis Kohn & Walker LLP
`15030 Avenue of Science, Suite 201
`San Diego CA 92128
`Telephone: (858) 436-1330
`Fax: (858) 436-1349
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`(Additional Counsel Identified On Signature Page)
`Attorneys for Plaintiff CYWEE GROUP LTD.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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`CYWEE GROUP LTD.,
`Plaintiff,
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`LG ELECTRONICS, INC.,
`LG ELECTRONICS U.S.A., INC.,
`AND LG ELECTRONICS
`MOBILECOMM U.S.A., INC.,
`Defendants.
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`CASE NO. 3:17-cv-01102
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`CYWEE’S FIRST AMENDED
`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`GOOGLE 1027
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`0001
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`1.
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`Plaintiff CyWee Group Ltd. (“Plaintiff” or “CyWee”) by and through its
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`undersigned counsel, files this Amended Complaint against Defendants LG
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`Electronics, Inc., LG Electronics U.S.A., Inc. and LG Electronics MobileComm
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`U.S.A., Inc. (“Defendants” or “LG) as follows:
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`THE PARTIES
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`2.
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`CyWee is a corporation existing under the laws of the British Virgin
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`Islands with a principal place of business at 3F, No.28, Lane 128, Jing Ye 1st Road,
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`Taipei, Taiwan 10462.
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`3.
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`CyWee is a world-leading technology company that focuses on building
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`products and providing services for consumers and businesses. CyWee has one of the
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`most significant patent portfolios in the industry, and is a market leader in its core
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`development areas of motion processing, wireless high definition video delivery, and
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`facial tracking technology.
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`4.
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`On information and belief, Defendant LG Electronics, Inc. (“LGE”) is a
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`company incorporated in South Korea located at LG Twin Tower, 128 Yeoui-daero,
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`Yeongdeungpo-gu, Seoul, 150-721, South Korea.
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`5.
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`On information and belief, Defendant LG Electronics U.S.A., Inc.
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`(“LGEUSA”) is a Delaware corporation with its principal place of business at 920
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`Sylvan Avenue, Englewood Cliffs, New Jersey 07632. LGEUSA is a wholly owned
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`subsidiary of LGE. Dkt. No. 37. On information and belief, LGEUSA may be served
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`via its registered agent for service of process: Lawyers Incorporating Service, 2710
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`Gateway Oaks Drive, Suite 150N, Sacramento CA 95833.
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`6.
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`On information and belief, Defendant LG Electronics MobileComm
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`U.S.A., Inc. (“LGEMU”) is a California corporation with its principal place of
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`business at 10101 Old Grove Road, San Diego, California 92131. LGEMU is a
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`wholly-owned subsidiary of LGEUSA. Dkt. No. 37. On information and belief,
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`LGEMU may be served via its registered agent for service of process: CSC – Lawyers
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`0002
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`Case 3:17-cv-01102-BEN-MSB Document 45 Filed 10/06/17 PageID.210 Page 3 of 97
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`Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA
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`95833.
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`7.
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`Defendants LGE, LGEUSA, and LGEMU are collectively referred to as
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`“Defendants” or “LG.” LG is doing business in the United States and, more
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`particularly, in the State of California and the Southern District of California, by
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`designing, marketing, making, using, selling, importing, and/or offering for sale
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`products that infringe the patent claims involved in this action or by transacting other
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`business in this District.
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`JURISDICTION AND VENUE
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`8.
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`This action arises under the patent laws of the United States, 35 U.S.C. §
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`1 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`9.
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`This Court has personal jurisdiction over each Defendant. Each
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`Defendant has conducted and does conduct business within the State of California.
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`Each Defendant has purposefully and voluntarily availed itself of the privileges of
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`conducting business in the United States, State of California, and in the Southern
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`District of California by continuously and systematically placing goods into the stream
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`of commerce through an established distribution channel with the expectation that
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`they will be purchased by consumers in the Southern District of California. Plaintiff’s
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`cause of action arises directly from Defendants’ business contacts and other activities
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`in the State of California and the Southern District of California.
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`10. Upon information and belief, each Defendant has committed acts of
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`infringement in this District giving rise to this action and does business in this District,
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`including making sales and/or providing service and support for their respective
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`customers in this District. Defendants purposefully and voluntarily sold one or more
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`of their infringing products with the expectation that they will be purchased by
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`consumers in this District. These infringing products have been and continue to be
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`0003
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`purchased by consumers in this District. Defendants have committed acts of patent
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`infringement within the United States and, state of California, and the Southern
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`District of California.
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`11. Venue is proper as to LGEMU under 28 U.S.C. § 1400(b) in that
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`LGEMU is incorporated in California and, therefore, resides in this District. TC
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`Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514, 1521 (2017).
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`12. Upon information and belief, LGEMU is an agent of LGEUSA and is
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`held out to the public as such. See http://www.lg.com/us/careers (last visited May 30,
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`2017) (referring to “LG MobileComm USA” as a “LG Mobile Unit division”). Upon
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`information and belief, LGEMU does not have its own website but is listed as the
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`“Media Contact” for “Mobile Phones” on the LG.com United States website. See
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`http://www.lg.com/us/press-media/media-contacts (last visited May 30, 2017).
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`13. Further, upon information and belief, LGEMU operates under the “LG”
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`trademark; offers, sells, services, and/or distributes only LG products; and coordinates
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`its policies and operations with those of LGEUSA to benefit and primarily serve the
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`interests of LGEUSA and LGEUSA’s parent corporation.
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`14. Further, upon
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`information and belief, support materials and
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`documentation provided to consumers with the mobile products offered by
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`Defendants do not delineate between LGE, LGEUSA, and LGEMU. By way of
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`example, the User Guide for the LG G6 refers generally to “LG” without any
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`distinction as to LGE, LGEUSA, or LGEMU, including in the limited warranty
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`provided therein. Upon information and belief, for consumers of the products accused
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`in this Complaint, there is no substantive distinction between LGEMU and either
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`LGEUSA or LGE.
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`15. Based on the foregoing, venue is proper as to LGEUSA under 28 U.S.C.
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`§ 1400(b) in that, upon information and belief, LGEUSA has a regular and established
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`place of business
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`in
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`this District—namely,
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`the place of business of
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`its
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`0004
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`subsidiary/agent, LGEMU—and has committed acts of infringement herein. See
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`Appleton v. Ronson Serv. of Ill., Inc., 297 F.Supp. 868, 869 (N.D. Ill. 1968) (“formal
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`corporate separateness can be disregarded for the purpose of establishing venue . . .
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`where a number of factors . . . in the aggregate reveal a mere cloak for the relationship
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`of agency.” (citing Leach Co. v. Gen. Sani-Can Mfg. Corp., 393 F.2d 183 (7th Cir.
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`1968)); see also Stanley Works v. Globemaster, Inc., 400 F.Supp. 1325, 1331-32 (D.
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`Mass. 1975).
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`16. Venue is proper as to LGE under 28 U.S.C. § 1391(c)(3) in that it is not
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`a resident of the United States and may, therefore, be sued in any judicial district.
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`Brunette Mach. Works, Ltd. v. Kockum Indus., Inc., 406 U.S. 706, 714 (1972). Venue
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`is further proper as to LGE under 28 U.S.C. § 1400(b) in that, upon information and
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`belief, LGE has a regular and established place of business in this District—namely,
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`the place of business of its subsidiaries/agents, LGEUSA and LGEMU—and has
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`committed acts of infringement herein.
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`WILLFUL INFRINGEMENT
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`17. LG’s infringement of the patents-in-suit has been and continues to be
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`willful. LG has had knowledge of and notice of both patents-in-suit and its
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`infringement of those patents as a result of confidential pre-suit licensing discussions.
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`LG also has knowledge and notice of its infringement of the patents-in-suit as a result
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`of the complaints filed in this case, which include two claim charts illustrating LG’s
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`infringement of the patents-in-suit. LG's infringement of the patents-in-suit has been
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`and continues to be willful and deliberate.
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`0005
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`Patentee And The Asserted Patents.
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`BACKGROUND
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`ITRI is a Taiwanese government and industry funded research and
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`development center. In 2007, CyWee, which was started at ITRI, was formed. Its goal
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`was to provide innovative motion-sensing technologies, such as those claimed in the
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`patents-in-suit. Dr. Shun-Nan Liu and Chin-Lung Li, two of the inventors of the
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`Patents, came to CyWee from ITRI. The third inventor, Zhou “Joe” Ye joined CyWee
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`as its President and CEO from private industry.
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`19. The inventors, Zhou Ye, Chin-Lung Li, and Shun-Nan Liou conceived
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`of the claims of the patents-in-suit—U.S. Patent No. 8,441,438 (the “’438 patent”)
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`and U.S. Patent No. 8,552,978 (the “’978 patent”)—at CyWee Group Ltd., located at
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`3F, No. 28, Lane 128, Jing Ye Road, Taipei.
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`20. Several claims of the patents-in-suit are entitled to a priority date of at
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`least January 6, 2010 based on U.S. Provisional Application Serial No. 61/292,558,
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`filed January 6, 2010 (“Provisional Application”).
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`21. Before May 22, 2009, CyWee began working on the “JIL Game Phone
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`Project” or “JIL Phone.” Before July 29, 2009, CyWee developed a solution for the
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`JIL Phone that practiced several claims of the ’438 patent. Those claims were
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`diligently and constructively reduced to practice thereafter through the filing of the
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`Provisional Application, and were diligently and actually reduced to practice as
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`discussed below. Accordingly, CyWee is entitled to a priority date of at least July 29,
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`2009 for several claims of the ’438 patent.
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`22. The JIL Phone was reduced to practice by at least September 25, 2009.
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`The JIL Phone practiced several claims of both patents-in-suit. Accordingly, CyWee
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`is entitled to a priority date of at least September 25, 2009 for several claims of the
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`patents-in-suit.
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`0006
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`Background Of The Technology.
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`23. The ’438 patent and ’978 patent are each directed to devices and methods
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`for tracking the motion of a portable electronic device in 3D space and compensating
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`for accumulated errors to map the 3D movements of the device onto a display frame
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`(’438 patent) or transform the 3D movements for a display, such as a 2D display on a
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`computer or handheld device (’978 patent). ’438 patent 1:17-52, 3:52-57; ’978 patent
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`1:22-27, 7:5-18; Exhibit C, Declaration of Nicholas Gans, Ph.D. (“Gans Decl.”) ¶ 8.1
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`At a high level, the patented inventions teach how to determine a device’s current
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`orientation based on motion data detected by its motion sensors, such as an
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`accelerometer, gyroscope, and magnetometer. ’438 patent 4:6-30; ’978 patent 4:15-
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`44; Gans Decl. ¶ 8. The ’438 and ’978 patents describe portable electronic devices or
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`pointing devices such as smartphones and navigation equipment. ’978 patent 22:34-
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`40, Fig. 6; ’438 patent 4:6-30, Fig. 6; Gans. Decl. ¶ 8.
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`24. There are different types of motion sensors, including accelerometers,
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`gyroscopes, and magnetometers. Gans Decl. ¶ 9. Accelerometers measure
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`accelerations. Id. For example, airbags use accelerometers, such that the airbag is
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`triggered based on sudden deceleration. Accelerometers can also measure forces due
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`to gravity. Id. Gyroscopes measure rotation rates or angular velocities. Magnetometers
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`measure magnetism, including the strength of a magnetic field along a particular
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`direction. Id. Each type of motion sensor is subject to inaccuracies. Id. For example,
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`a gyroscope sensor has a small, added offset or bias. Id. This bias will accumulate over
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`time and lead to large drift error. Id. Similarly, magnetometers are subject to
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`interference from natural and manmade sources (e.g., power electronics). Id.
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`Additionally, errors can accumulate over time. Id. These sensors typically take
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`measurements along a single direction. Id. To accurately measure motions along an
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`1 The declaration of Dr. Nicholas Gans is incorporated by reference herein.
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`arbitrary axis, three like sensors are grouped together and aligned at right angles. Such
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`a sensor set is generally referred to as a 3-axis sensor. Id.
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`25. Orientation information returned by the claimed inventions of the ’438
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`and ’978 patents has many uses, particularly for mobile cellular devices, such as
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`navigation, gaming, and augmented/virtual reality applications. Gans Decl. ¶ 12.
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`Navigation applications can use orientation information to determine the heading of
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`the phone, indicate what direction the user is facing, and automatically orient the map
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`to align with the cardinal directions. Id. Increasing numbers of games and other
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`applications use the motion of the phone to input commands, such as tilting the mobile
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`device like a steering wheel. Id. Augmented and virtual reality applications rely on
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`accurate estimation of the device orientation in order to render graphics and images at
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`the proper locations on the screen. Id.
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`26. Prior to 2010, motion sensors had limited applicability to portable
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`electronic devices due to a variety of technological hurdles. Gans Decl. ¶ 13. For
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`example, different types of acceleration (e.g., linear, centrifugal, gravitational) could
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`not be readily distinguished from one another, and rapid, dynamic, and unexpected
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`movements caused significant errors and inaccuracies. Id. These difficulties were
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`compounded by the miniaturization of the sensors necessary to incorporate them in
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`portable electronic devices. Id. With the development of micro-electromechanical
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`systems, or “MEMS,” miniaturized motion sensors could be manufactured and
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`incorporated on a semiconductor chip, but such MEMS sensors had significant
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`limitations. Id.
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`27. For example, it is impossible for MEMS accelerometers to distinguish
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`different types of acceleration (e.g., linear, centrifugal, gravitational). Gans Decl. ¶
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`14. When a MEMS accelerometer is used to estimate orientation, it must measure
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`force along the direction of gravity (i.e., down), but that gravitational measurement
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`can be “interfused” with other accelerations and forces (e.g., vibration or movement
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`by the person holding the device). Id. Thus, non-gravitational accelerations and forces
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`must be estimated and subtracted from the MEMS accelerometer measurement to
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`yield an accurate result. Id. A MEMS gyroscope is prone to drift, which will
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`accumulate increasing errors over time if not corrected by another sensor or
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`recalibrated. Id. A MEMS magnetometer is highly sensitive to not only the earth’s
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`magnetic fields, but other sources of magnetism (e.g., power lines and transformers)
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`and can thereby suffer inaccuracies from environmental sources of interference that
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`vary both in existence and intensity from location to location. Id.
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`28. Additionally, orientation cannot be accurately calculated using only one
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`type of MEMS sensor. Gans Decl. ¶ 15. For example, if only a 3-axis MEMS
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`accelerometer is used to measure orientation, pitch and yaw can be measured, but not
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`roll. Id. If only a MEMS gyroscope is used to measure angular velocity, only relative
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`changes in orientation can be measured, not absolute orientation. Id.
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`29. Without orientation information, mobile device apps would be limited to
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`very static operation. Gans Decl. ¶ 16. This was the scenario with initial smart phones
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`and other mobile devices. Id. Navigation aids could render a map and indicate the
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`location of the device using GPS. Id. However, these maps would orient with North
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`on the map pointing to the top of the screen. Id. The user could rotate the map using
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`touch commands, but the map would not rotate automatically as the user turned. Id.
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`Nor could the device indicate what direction the device was facing. Id.
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`30. Many games use motion of the device to control the game. Gans Decl. ¶
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`17. A common control scheme, especially for driving and piloting games, is to have
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`the user rotate the device, such as a phone or game controller, like a steering wheel to
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`indicate the direction the vehicle should move. Id. Some puzzle games also use
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`motions to cause elements of the game to move. Id. As discussed previously,
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`accelerometers measure acceleration, which is a very noisy signal. Id. Acceleration is
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`the derivative of velocity, which is the derivative of position. Id. Small magnitude
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`noise can have large derivatives, which means that small levels of noise from vibration
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`or electrical fluctuations will be magnified at the acceleration level. Id. Even a
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`stationary device will have notable noise measured by an accelerometer. Id. A moving
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`device will only amplify this noise. Id. Since accelerometers measure linear and
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`centripetal accelerations as well as the acceleration of gravity, orientation estimates
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`on a moving device will not be accurate. Id.
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`31.
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`If only an accelerometer is used, a coarse estimate of the device
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`orientation can be obtained by averaging or numerically filtering the results. Gans
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`Decl. ¶ 18. Essentially, the device can determine if it is tilted left or right, up or down,
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`but the exact angle cannot be estimated accurately while in motion. Id. This is suitable
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`for games to move a character or steer a vehicle in a particular direction, but generally
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`cannot utilize the magnitude of tilt to move at corresponding faster or slower speeds.
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`Id.
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`32. Movement on a display can, of course, be controlled by means other than
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`a portable electronic device with orientation sensors. Gans Decl. ¶ 19. For example,
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`games could be controlled using traditional “joystick” type inputs. Id. For smart
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`17
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`phones with touch screens, commands are given by having the user touch specific
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`18
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`parts of the screen. Id.
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`19
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`33. For other current applications, portable electronic devices with
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`20
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`orientation sensors are more crucial. Gans Decl. ¶ 20. Augmented reality (AR) and
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`21
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`virtual reality (VR) are new and growing classes of applications for smart phones and
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`mobile devices. Id. In AR, the device camera provides live video feed to the screen,
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`23
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`and the application overlays generate graphics onto the screen at specific locations.
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`24
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`Id. AR navigation apps can draw signs or labels to indicate what specific places or
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`25
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`objects are, or can render arrows or other indicators. Id. AR games and teaching
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`26
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`applications can label objects or draw characters or items such that they appear as if
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`27
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`they are in the real world seen in the video. Id. Virtual reality is similar but does not
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`28
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`10
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`0010
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`

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`Case 3:17-cv-01102-BEN-MSB Document 45 Filed 10/06/17 PageID.218 Page 11 of 97
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`use the camera, rather it completely renders an artificial 3D environment on the screen.
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`Id. VR most often requires a head set such that the user only sees the screen. Id. Mobile
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`devices and smart phones used for VR generally split the screen and display to two
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`side-by-side images of the rendered environment that are slightly offset to simulate a
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`left and right eye. Id. The device then sits in a headset with lenses such that the user
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`has each eye see only one of the split-screen images and has a sense of stereo (3D)
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`7
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`vision. Id.
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`8
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`9
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`34. Without orientation sensing, AR and VR applications cannot work. Gans
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`Decl. ¶ 21. The system will have no ability to understand the orientation of the device
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`10
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`and know where to draw objects and/or the scene. Id. The rough orientation estimate
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`provided by an accelerometer (ideally with a magnetometer) will not be sufficient to
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`track during typical head motions. Id. It has been demonstrated that VR applications
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`13
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`that use an accelerometer often cause motion sickness, as the rendered images do track
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`14
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`with the head motions. Id. An AR application with the use of a gyroscope and fusion
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`15
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`algorithm will not render objects at the correct locations, and may obscure the view
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`rather than provide helpful information. Id.
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`35. There are ways to estimate orientation other than the approaches
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`presented in the ’438 patent or ’978 patent, which involve algorithms that filter and
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`fuse measurements from inertial and magnetic sensors. Gans Decl. ¶ 22. Most such
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`20
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`methods are based on cameras and computer vision algorithms. Id. However, the
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`limitations of these methods render them unusable for portable electronic devices. Id.
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`For example, there are a variety of motion capture systems that use cameras arrayed
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`around an environment. Markers (e.g., reflective balls) can be placed on objects, and
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`24
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`the cameras can locate the markers, often to sub-mm accuracy. Id. If an object has
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`25
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`three or more markers on it, the orientation of the object can be determined with sub-
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`26
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`degree accuracy. Id. This method is very accurate, but quite expensive (often about
`
`27
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`$100,000). Id. The cameras are fixed in place, and the estimation can only work within
`
`28
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`11
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`0011
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`

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`Case 3:17-cv-01102-BEN-MSB Document 45 Filed 10/06/17 PageID.219 Page 12 of 97
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`a small space (a box of dimensions on the order of tens of meters). Id. This is not
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`suitable for the vast majority of mobile device users or applications. Id.
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`36. A camera on a portable electronic device, such as a smart phone, can be
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`used to estimate orientation of the phone. Gans Decl. ¶ 23. One class of approaches to
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`this problem uses special patterns or markers in the environment. Id. These often have
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`the appearance of a QR code or 2D UPC. Id. Taking a picture of the pattern, computer
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`vision algorithms can determine the position and orientation of the camera with
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`respect to the marker. Id. AR applications have placed the patterns on specific objects
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`or consumer products so the device can render images and graphics with respect to
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`10
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`the pattern. Id. AR games have included patterned mats that are placed on a table or
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`other flat surface, and the device renders characters and objects as if they were on the
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`surface. Id.
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`37. Multiple unique patterns can be placed around an environment; so long
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`as one is always in view, the camera can maintain an estimate of the orientation and
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`position. Gans Decl. ¶ 24. In this way, it can be used for navigation. Id. The necessity
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`of placing patterns would make this approach useless for a majority of applications,
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`particularly outdoors. Id. The camera would also need to remain on at all times, which
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`would cause severe battery drain. Id.
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`38. Orientation of the camera can also be estimated over an indefinite amount
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`of time using vision algorithms known as visual odometry. Gans Decl. ¶ 25. In visual
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`odometry, changes in the image over time are used to estimate the camera velocity.
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`Id. This velocity can be integrated over time to estimate the change in orientation.
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`While these methods are well understood, they can only track change in relative
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`orientation, not give absolute orientation. Id. They also require the camera to be on at
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`25
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`all times, which will greatly reduce battery life. Id.
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`27
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`28
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`12
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`0012
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`Case 3:17-cv-01102-BEN-MSB Document 45 Filed 10/06/17 PageID.220 Page 13 of 97
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`The Prior Art.
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`39. As noted in both the ’438 and ’978 patents, prior art portable electronic
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`devices, such as pointing devices, smartphones and navigation equipment, had several
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`deficiencies in addressing the technological challenges of mapping and transforming
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`movement in a 3D space to a 2D display. These prior art portable devices could only
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`output the movement of the device in 2D, rather than the 3D reference frame of the
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`’438 and’978 patents. ’438 patent 2:47-55; ’978 patent 2:41-58. In addition, the
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`portable devices could not accurately calculate and account for movements of the
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`device in a dynamic environment, such as erroneous drift measurements of the device
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`or accelerations along with the direction of gravity. ’438 patent 2:55-62; ’978 patent
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`2:58-66. These prior art portable devices were also limited to detecting gravitational
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`acceleration detected by the accelerometer, and were therefore incapable of accurately
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`outputting the actual yaw, pitch and roll angles. ’438 patent 2:62-3:5; ’978 patent 2:66-
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`14
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`3:13. Finally, for the specific case of pointing devices, when they extended beyond
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`the border or boundary of the display, the absolute movement pattern was not mapped,
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`but instead the location outside the boundary was ignored and a relative movement
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`pattern used, which resulted in uncompensated errors. ’438 patent 3:16-51; ’978 patent
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`3:20-52.
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`PATENT INFRINGEMENT OF U.S. PATENT NO. 8,441,438
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`40. Plaintiff repeats and re-alleges each and every allegation of paragraphs
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`1-39 as though fully set forth herein.
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`41. The ’438 patent, titled “3D Pointing Device and Method for
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`23
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`Compensating Movement Thereof,” was duly and legally issued by the United States
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`24
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`Patent and Trademark Office on May 14, 2013 to CyWee Group Limited, as assignee
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`25
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`of named inventors Zhou Ye, Chin-Lung Li, and Shun-Nan Liou.
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`26
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`27
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`28
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`13
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`0013
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`

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`Case 3:17-cv-01102-BEN-MSB Document 45 Filed 10/06/17 PageID.221 Page 14 of 97
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`42. CyWee is the owner of all right, title, and interest in and to the ’438 patent
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`with full right to bring suit to enforce the patent, including the right to recover for past
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`3
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`infringement damages.
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`4
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`5
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`43. CyWee is the owner of all right, title, and interest in and to the ’438 patent
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`with full right to bring suit to enforce the patent, including the right to recover for past
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`6
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`infringement damages.
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`7
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`44. The ’438 patent claims, inter alia, a machine capable of detecting,
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`measuring, and calculating the movements and rotations of the machine—utilizing,
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`inter alia, a six-axis motion sensor module, a data transmitting unit, and a computing
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`10
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`processor in one or more claimed configurations—and methods for measuring and
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`11
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`calculating the movements and rotations of a device within a spatial reference frame.
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`45. The ’438 patent is directed to useful and novel particular embodiments
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`and methods for detecting, measuring, and calculating motion within a spatial
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`14
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`reference frame. See Gans. Decl., ¶ 27. Specifically, the ’438 patent claims a novel
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`15
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`system involving multiple sensor types and a novel method for using those sensors to
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`overcome the limitations of the individual sensor types in accurately determining the
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`orientation of a device. See id. ¶¶ 26-28. The ’438 patent is not intended to, and does
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`18
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`not, claim every possible means of detecting, measuring, and calculating motion
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`19
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`within a spatial reference frame. There are alternative methods to determining
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`20
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`orientation within a spatial reference frame, such as systems and methods utilizing
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`computer vision algorithms and/or cameras. See id. ¶¶ 22-25, 33. The ’438 patent is
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`22
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`directed to a technological solution to a technological problem. Id. ¶¶ 33-35.
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`Accordingly, the ’438 patent is not directed to, and does not claim, the mere concept
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`of motion sensing or of detecting, measuring, and calculating motion within a spatial
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`reference frame. Id. ¶¶ 29-35.
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`46. Each and every claim of the ’438 patent is valid and enforceable and each
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`enjoys a statutory presumption of validity separate, apart, and in addition to the
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`14
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`0014
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`

`

`Case 3:17-cv-01102-BEN-MSB Document 45 Filed 10/06/17 PageID.222 Page 15 of 97
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`statutory presumption of validity enjoyed by every other of its claims. 35 U.S.C. §
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`282.
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`47. CyWee is informed and believes, and thereupon alleges, that LG has
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`been, and is currently directly or indirectly infringing one or more claims of the ’438
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`patent in violation of 35 U.S.C. § 271, including as stated below.
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`48. CyWee is informed and believes, and thereupon alleges, that LG has
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`directly infringed, literally and/or under the doctrine of equivalents, and will continue
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`to directly infringe claims of the ’438 patent by making, using, selling, offering to sell,
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`and/or importing into the United States products that embody or practice the apparatus
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`10
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`and/or method covered by one or more claims of the ’438 patent, including but not
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`11
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`limited to Defendants’ devices such as LG V20, LG Stylo 3, LG Stylo 3 Plus, LG G5,
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`12
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`LG G6, LG X Mach, LG X Venture, LG X Power 2, and LG X Cam (collectively
`
`13
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`referred to as “’438 Accused Products”).
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`14
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`49. CyWee adopts, and incorporates by reference, as if fully stated herein,
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`15
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`the attached claim chart for claim 14 of the ’438 patent, which is attached hereto as
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`16
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`Exhibit A. The claim chart describes and demonstrates how LG infringes the ’438
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`17
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`patent. In addition, CyWee alleges that LG infringes one or more additional claims of
`
`18
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`the ’438 patent in a similar manner.
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`19
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`50. Defendants’ acts of infringement have caused and will continue to cause
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`20
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`substantial and irreparable damage to CyWee.
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`21
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`51. As a result of Defendants’ infringement of the ’438 patent, CyWee has
`
`22
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`been damaged. CyWee is, therefore, entitled to such damages pursuant to 35 U.S.C. §
`
`23
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`284 in an amount that presently cannot be pled but that will be determined at trial.
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`52. The LG V20 includes a display screen.
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`53. The LG V20 includes a housing.
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`54. The LG V20 includes a 3-axis accelerometer.
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`55. The LG V20 includes a 3-axis gyroscope.
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`15
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`
`0015
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`

`

`Case 3:17-cv-01102-BEN-MSB Document 45 Filed 10/06/17 PageID.223 Page 16 of 97
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`56. The LG V20 includes at least one printed circuit board (“PCB”).
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`57. The LG V20 includes a 3-axis accelerometer attached to a PCB.
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`58. The LG V20 includes a 3-axis gyroscope attached to a PCB.
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`59. The LG V20 includes a 3-ax