Case 2:17-cv-00140-WCB-RSP Document 9 Filed 03/03/17 Page 1 of 33 PageID #: 56
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CYWEE GROUP LTD.,
`
`CASE NO. 2:17-cv-00140-RWS-RSP
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`Plaintiff,
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`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`
`JURY TRIAL DEMANDED
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`Defendants.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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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 Complaint against Defendants Samsung Electronics Co., Ltd. and
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`Samsung Electronics America, Inc. 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 Islands with
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`a principal place of business at 3F, No.28, Lane 128, Jing Ye 1st Road, Taipei, Taiwan 10462.
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`3.
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`CyWee is a world-leading technology company that focuses on building products
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`and providing services for consumers and businesses. CyWee has one of the most significant
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`patent portfolios in the industry, and is a market leader in its core development areas of motion
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`processing, wireless high definition video delivery, and facial tracking technology.
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`4.
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`On information and belief, Defendant Samsung Electronics Company, Ltd.
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`(“Samsung Electronics”) is a South Korean entity with its principal place of business at 1320-10,
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`Seocho 2-Dong, Seocho-Gu, Seoul 137-857, South Korea. Samsung Electronics manufactures
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`and provides to the United States a wide variety of products and services, including consumer
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`electronics such as mobile phones and tablets.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`GOOGLE 1028
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`5.
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`On information and belief, Defendant Samsung Electronics America, Inc.
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`(“SEA”) is a New York entity with its principal place of business at 85 Challenger Road,
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`Ridgefield Park, New Jersey 07660. SEA may be served through its registered agent, CT
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`Corporation System, located at 1999 Bryan Street, Suite 900, Dallas, Texas 75201. Upon
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`information and belief, SEA is a wholly-owned subsidiary of Samsung Electronics. SEA is
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`Samsung Electronics’ North American business with respect to mobile phones and tablets.
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`6.
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`On information and belief, SEA maintains an office in Richardson, Texas. On
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`information and belief, Samsung Telecommunications America, LLC (“STA”)—formerly a
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`limited liability company organized and existing under the laws of Delaware with a principal
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`place of business at 1301 East Lookout Drive, Richardson, Texas 75082—merged into SEA on
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`January 1, 2015. Lexington Luminance LLC v. Samsung Electronics Co., No. 2-16-cv-00169-
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`JRG, Dkt. No. 8 ¶¶ 2(a)-(b) (E.D. Tex.). After that merger, a court in this district held: “STA
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`serves as a sales division for SEC mobile devices in the United States. It imports and sells SEC
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`mobile devices, tablets, and network infrastructure.” Ziilabs Inc., Ltd. v. Samsung Elecs. Co., No.
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`2:14-CV-203-JRG-RSP, 2015 WL 5278744, at *1 (E.D. Tex. Sept. 9, 2015) (emphases added).
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`On information and belief, SEA is STA’s “successor-in-interest for the purpose of the alleged
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`liability, discovery, and damages relating to this lawsuit.” See Lexington, No. 2-16-cv-00169-
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`JRG, Dkt. No. 8 ¶ 2(c).
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`7.
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`Defendants Samsung Electronics and SEA are collectively referred to as
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`“Defendants” or “Samsung.” Samsung is doing business in the United States and, more
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`particularly, in the State of Texas and the Eastern District of Texas, by designing, marketing,
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`making, using, selling, importing, and/or offering for sale products that infringe the patent claims
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`involved in this action or by transacting other business in this District.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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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. § 1 et seq.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`9.
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`This Court has personal jurisdiction over each Defendant. Each Defendant has
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`conducted and does conduct business within the State of Texas. Each Defendant has purposefully
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`and voluntarily availed itself of the privileges of conducting business in the United States, State
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`of Texas, and in the Eastern District of Texas by continuously and systematically placing goods
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`into the stream of commerce through an established distribution channel with the expectation
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`that they will be purchased by consumers in the Eastern District of Texas. Samsung Electronics
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`and SEA previously admitted that this Court has personal jurisdiction over them based on, at
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`least, their development, manufacture, and supply of smartphones and tablets. TIVO, Inc., v.
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`Samsung Elecs. Co., No. 15-cv-01503, Dkt. No. 25 ¶¶ 14, 32 (E.D. Tex.). Plaintiff’s cause of
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`action arises directly from Defendants’ business contacts and other activities in the State of
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`Texas and the Eastern District of Texas.
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`10.
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`Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. §§ 1391(b)
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`and 1400(b), in that, each Defendant is subject to personal jurisdiction in this district, and
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`therefore is deemed to reside in this District for purposes of venue. Upon information and belief,
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`each Defendant has committed acts of infringement in this District giving rise to this action and
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`does business in this District, including making sales and/or providing service and support for
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`their respective customers in this District. Defendants purposefully and voluntarily sold one or
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`more of their infringing products with the expectation that they will be purchased by consumers
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`in this District. These infringing products have been and continue to be purchased by consumers
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`in this District. Defendants have committed acts of patent infringement within the United States
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`and, state of Texas, and the Eastern District of Texas. In a recent case, Samsung Electronics and
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`SEA did not dispute that the Eastern District of Texas is a proper venue for a patent infringement
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`lawsuit against them. Ziilabs, 2015 WL 5278744, at *3.
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`BACKGROUND
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`11.
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`ITRI is a Taiwanese government and industry funded research and development
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`center. In 2007, CyWee, a startup of ITRI, was formed. Its goal was to provide innovative
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`motion-sensing technologies, such as those claimed in the patents-in-suit. Dr. Shun-Nan Liu and
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`Chin-Lung Li, two of the inventors of the Patents, came to CyWee from ITRI. The third
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`inventor, Zhou “Joe” Ye joined CyWee as its President and CEO from private industry.
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`12.
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`The inventors, Zhou Ye, Chin-Lung Li, and Shun-Nan Liou conceived of the
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`claims of the patents-in-suit—U.S. Patent No. 8,441,438 (the “’438 Patent”) and U.S. Patent No.
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`8,552,978 (the “’978 Patent”)—at CyWee Group Ltd., located at 3F, No. 28, Lane 128, Jing Ye
`
`Road, Taipei.
`
`13.
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`Several claims of the patents-in-suit are entitled to a priority date of at least
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`January 6, 2010 based on U.S. Provisional Application Serial No. 61/292,558, filed January 6,
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`2010 (“Provisional Application”).
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`14.
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`Before May 22, 2009, CyWee began working on the “JIL Game Phone Project”
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`or “JIL Phone.” Before July 29, 2009, CyWee developed a solution for the JIL Phone that
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`practiced several claims of the ’438 Patent. Those claims were diligently and constructively
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`reduced to practice thereafter through the filing of the Provisional Application, and were
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`diligently and actually reduced to practice as discussed below. Accordingly, CyWee is entitled to
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`a priority date of at least July 29, 2009 for several claims of the ’438 Patent.
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`15.
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`The JIL Phone was reduced to practice by at least September 25, 2009. The JIL
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Phone practiced several claims of both patents-in-suit. Accordingly, CyWee is entitled to a
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`priority date of at least September 25, 2009 for several claims of the patents-in-suit.
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`WILLFUL INFRINGEMENT
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`16.
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`Samsung’s infringement of the patents-in-suit has been and continues to be
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`willful. Samsung has had knowledge of and notice of both patents-in-suit and its infringement of
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`those patents since at least as early as June 2016 as a result of confidential pre-suit licensing
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`discussions. In June 2016 CyWee disclosed the patents-in-suit and information related to
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`Samsung’s infringement to Samsung. Samsung also has knowledge and notice of its
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`infringement of the patents-in-suit as a result of the complaints filed in this case. Samsung's
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`infringement of the patents-in-suit has been and continues to be willful and deliberate.
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`PATENT INFRINGEMENT OF U.S. PATENT NO. 8,441,438
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`17.
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`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-16 as
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`though fully set forth herein.
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`18.
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`The ’438 Patent, titled “3D Pointing Device and Method for Compensating
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`Movement Thereof,” was duly and legally issued by the United States Patent and Trademark
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`Office on May 14, 2013 to CyWee Group Limited, as assignee of named inventors Zhou Ye,
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`Chin-Lung Li, and Shun-Nan Liou.
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`19.
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`CyWee is the owner of all right, title, and interest in and to the ’438 Patent with
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`full right to bring suit to enforce the patent, including the right to recover for past infringement
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`damages.
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`20.
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`Each and every claim of the ’438 Patent is valid and enforceable and each enjoys
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`a statutory presumption of validity separate, apart, and in addition to the statutory presumption of
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`validity enjoyed by every other of its claims. 35 U.S.C. § 282.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`21.
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`CyWee is informed and believes, and thereupon alleges, that Samsung has been,
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`and is currently directly or indirectly infringing one or more claims of the ’438 Patent in
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`violation of 35 U.S.C. § 271, including as stated below.
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`22.
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`CyWee is informed and believes, and thereupon alleges, that Samsung has
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`directly infringed, literally and/or under the doctrine of equivalents, and will continue to directly
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`infringe claims of the ’438 Patent by making, using, selling, offering to sell, and/or importing
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`into the United States products that embody or practice the apparatus and/or method covered by
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`one or more claims of the ’438 Patent, including but not limited to Defendants’ devices such as
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`Galaxy S6, Galaxy S6 Edge, Galaxy S6 Edge+, Galaxy S6 Active, Galaxy S7, Galaxy S7 Edge,
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`Galaxy S7 Active, Galaxy Note5, Galaxy Tab S2 8.0, Galaxy Tab S2 9.7 (collectively referred to
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`as “’438 Accused Products”).
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`23.
`
`CyWee adopts, and incorporates by reference, as if fully stated herein, the
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`attached claim chart for claim 14 of the ’438 Patent, which is attached hereto as Exhibit A. The
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`claim chart describes and demonstrates how Samsung infringes the ’438 Patent. In addition,
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`CyWee alleges that Samsung infringes one or more additional claims of the ’438 Patent in a
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`similar manner.
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`24.
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`Samsung has had knowledge of and notice of the ’438 Patent and Samsung’s
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`infringement of the ’438 Patent since at least as early as June 2016. In June 2016, CyWee
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`disclosed several patents, including the ’438 Patent, in pre-suit licensing discussions with
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`Samsung. Samsung also has knowledge and notice of its infringement of the ’438 Patent as a
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`result of the complaint filed in this case. Samsung's infringement of the ’438 Patent has been and
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`continues to be willful and deliberate.
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`25.
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`Samsung has and is continuing to actively and knowingly induce, with specific
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`0006
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`intent, infringement of the ’438 Patent under 35 U.S.C. § 271(b) by making, using, offering for
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`sale, importing, and/or selling ’438 Accused Products, all with knowledge of the ’438 Patent and
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`its claims. As a result of discussions starting in June 2016, Samsung understands that its
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`activities cause others—including distributors, resellers, and end users—to infringe the ’438
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`Patent. Samsung encourages and facilitates infringing sales and uses of its products through the
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`creation and dissemination of those products, promotional and marketing materials, product
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`manuals, instructions, and/or technical materials to distributors, resellers, and end users.
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`26.
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`Defendants’ acts of infringement have caused and will continue to cause
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`substantial and irreparable damage to CyWee.
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`27.
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`As a result of Defendants’ infringement of the ’438 Patent, CyWee has been
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`damaged. CyWee is, therefore, entitled to such damages pursuant to 35 U.S.C. § 284 in an
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`amount that presently cannot be pled but that will be determined at trial.
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`28.
`
`The Samsung Galaxy S6 includes a display screen.
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`29.
`
`The Samsung Galaxy S6 includes a housing.
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`30.
`
`31.
`
`32.
`
`33.
`
`34.
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`35.
`
`The Samsung Galaxy S6 includes a 3-axis accelerometer.
`
`The Samsung Galaxy S6 includes a 3-axis gyroscope.
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`The Samsung Galaxy S6 includes at least one printed circuit board (“PCB”).
`
`The Samsung Galaxy S6 includes a 3-axis accelerometer attached to a PCB.
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`The Samsung Galaxy S6 includes a 3-axis gyroscope attached to a PCB.
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`The Samsung Galaxy S6 includes a 3-axis accelerometer that is capable of
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`measuring accelerations.
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`36.
`
`The Samsung Galaxy S6 includes a 3-axis gyroscope that is capable of measuring
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`rotation rates.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`37.
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`The Samsung Galaxy S6 includes a 3-axis accelerometer that is capable of
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`measuring accelerations using a “Sensor Coordinate System” as described in the Android
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`developer library. See
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`https://developer.android.com/guide/topics/sensors/sensors_overview.html#sensors-coords
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`(describing “Sensor Coordinate System”).
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`38.
`
`The Samsung Galaxy S6 includes a 3-axis gyroscope that is capable of measuring
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`rotation rates using a “Sensor Coordinate System.”
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`39.
`
`The Samsung Galaxy S6 includes a processor that is capable of processing data
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`associated with measurement from a 3-axis accelerometer.
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`40.
`
`The Samsung Galaxy S6 includes a processor that is capable of processing data
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`associated with measurement from a 3-axis gyroscope.
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`41.
`
`42.
`
`The Samsung Galaxy S6 runs an Android operating system.
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`The Android operating system that runs on the Samsung Galaxy S6 uses the
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`measurement from a 3-axis accelerometer included in the device.
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`43.
`
`The Android operating system that runs on the Samsung Galaxy S6 uses the
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`measurement from a 3-axis gyroscope included in the device.
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`44.
`
`The Android operating system that runs on the Samsung Galaxy S6 uses the
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`measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
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`calculate an attitude of the device.
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`45.
`
`46.
`
`47.
`
`48.
`
`The Samsung Galaxy S6 Edge includes a display screen.
`
`The Samsung Galaxy S6 Edge includes a housing.
`
`The Samsung Galaxy S6 Edge includes a 3-axis accelerometer.
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`The Samsung Galaxy S6 Edge includes a 3-axis gyroscope.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`8
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`0008
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`49.
`
`50.
`
`51.
`
`52.
`
`The Samsung Galaxy S6 Edge includes at least one .
`
`The Samsung Galaxy S6 Edge includes a 3-axis accelerometer attached to a PCB.
`
`The Samsung Galaxy S6 Edge includes a 3-axis gyroscope attached to a PCB.
`
`The Samsung Galaxy S6 Edge includes a 3-axis accelerometer that is capable of
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`measuring accelerations.
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`53.
`
`The Samsung Galaxy S6 Edge includes a 3-axis gyroscope that is capable of
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`measuring rotation rates.
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`54.
`
`The Samsung Galaxy S6 Edge includes a 3-axis accelerometer that is capable of
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`measuring accelerations using a “Sensor Coordinate System” as described in the Android
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`developer library. See
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`https://developer.android.com/guide/topics/sensors/sensors_overview.html#sensors-coords
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`(describing “Sensor Coordinate System”).
`
`55.
`
`The Samsung Galaxy S6 Edge includes a 3-axis gyroscope that is capable of
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`measuring rotation rates using a “Sensor Coordinate System.”
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`56.
`
`The Samsung Galaxy S6 Edge includes a processor that is capable of processing
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`data associated with measurement from a 3-axis accelerometer.
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`57.
`
`The Samsung Galaxy S6 Edge includes a processor that is capable of processing
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`data associated with measurement from a 3-axis gyroscope.
`
`58.
`
`59.
`
`The Samsung Galaxy S6 Edge runs an Android operating system.
`
`The Android operating system that runs on the Samsung Galaxy S6 Edge uses the
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`measurement from a 3-axis accelerometer included in the device.
`
`60.
`
`The Android operating system that runs on the Samsung Galaxy S6 Edge uses the
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`measurement from a 3-axis gyroscope included in the device.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`9
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`0009
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`61.
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`The Android operating system that runs on the Samsung Galaxy S6 Edge uses the
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`measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
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`calculate an attitude of the device.
`
`62.
`
`63.
`
`64.
`
`65.
`
`66.
`
`67.
`
`68.
`
`69.
`
`PCB.
`
`The Samsung Galaxy S6 Edge+ includes a display screen.
`
`The Samsung Galaxy S6 Edge+ includes a housing.
`
`The Samsung Galaxy S6 Edge+ includes a 3-axis accelerometer.
`
`The Samsung Galaxy S6 Edge+ includes a 3-axis gyroscope.
`
`The Samsung Galaxy S6 Edge+ includes at least one .
`
`The Samsung Galaxy S6 Edge+ includes a 3-axis accelerometer attached to a
`
`The Samsung Galaxy S6 Edge+ includes a 3-axis gyroscope attached to a PCB.
`
`The Samsung Galaxy S6 Edge+ includes a 3-axis accelerometer that is capable of
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`measuring accelerations.
`
`70.
`
`The Samsung Galaxy S6 Edge+ includes a 3-axis gyroscope that is capable of
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`measuring rotation rates.
`
`71.
`
`The Samsung Galaxy S6 Edge+ includes a 3-axis accelerometer that is capable of
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`measuring accelerations using a “Sensor Coordinate System” as described in the Android
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`developer library. See
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`https://developer.android.com/guide/topics/sensors/sensors_overview.html#sensors-coords
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`(describing “Sensor Coordinate System”).
`
`72.
`
`The Samsung Galaxy S6 Edge+ includes a 3-axis gyroscope that is capable of
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`measuring rotation rates using a “Sensor Coordinate System.”
`
`73.
`
`The Samsung Galaxy S6 Edge+ includes a processor that is capable of processing
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`10
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`0010
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`Case 2:17-cv-00140-WCB-RSP Document 9 Filed 03/03/17 Page 11 of 33 PageID #: 66
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`data associated with measurement from a 3-axis accelerometer.
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`74.
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`The Samsung Galaxy S6 Edge+ includes a processor that is capable of processing
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`data associated with measurement from a 3-axis gyroscope.
`
`75.
`
`76.
`
`The Samsung Galaxy S6 Edge+ runs an Android operating system.
`
`The Android operating system that runs on the Samsung Galaxy S6 Edge+ uses
`
`the measurement from a 3-axis accelerometer included in the device.
`
`77.
`
`The Android operating system that runs on the Samsung Galaxy S6 Edge+ uses
`
`the measurement from a 3-axis gyroscope included in the device.
`
`78.
`
`The Android operating system that runs on the Samsung Galaxy S6 Edge+ uses
`
`the measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
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`calculate an attitude of the device.
`
`79.
`
`80.
`
`81.
`
`82.
`
`83.
`
`84.
`
`85.
`
`86.
`
`PCB.
`
`The Samsung Galaxy S6 Active includes a display screen.
`
`The Samsung Galaxy S6 Active includes a housing.
`
`The Samsung Galaxy S6 Active includes a 3-axis accelerometer.
`
`The Samsung Galaxy S6 Active includes a 3-axis gyroscope.
`
`The Samsung Galaxy S6 Active includes at least one .
`
`The Samsung Galaxy S6 Active includes a 3-axis accelerometer attached to a
`
`The Samsung Galaxy S6 Active includes a 3-axis gyroscope attached to a PCB.
`
`The Samsung Galaxy S6 Active includes a 3-axis accelerometer that is capable of
`
`measuring accelerations.
`
`87.
`
`The Samsung Galaxy S6 Active includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`11
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`0011
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`Case 2:17-cv-00140-WCB-RSP Document 9 Filed 03/03/17 Page 12 of 33 PageID #: 67
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`88.
`
`The Samsung Galaxy S6 Active includes a 3-axis accelerometer that is capable of
`
`measuring accelerations using a “Sensor Coordinate System” as described in the Android
`
`developer library. See
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`https://developer.android.com/guide/topics/sensors/sensors_overview.html#sensors-coords
`
`(describing “Sensor Coordinate System”).
`
`89.
`
`The Samsung Galaxy S6 Active includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates using a “Sensor Coordinate System.”
`
`90.
`
`The Samsung Galaxy S6 Active includes a processor that is capable of processing
`
`data associated with measurement from a 3-axis accelerometer.
`
`91.
`
`The Samsung Galaxy S6 Active includes a processor that is capable of processing
`
`data associated with measurement from a 3-axis gyroscope.
`
`92.
`
`93.
`
`The Samsung Galaxy S6 Active runs an Android operating system.
`
`The Android operating system that runs on the Samsung Galaxy S6 Active uses
`
`the measurement from a 3-axis accelerometer included in the device.
`
`94.
`
`The Android operating system that runs on the Samsung Galaxy S6 Active uses
`
`the measurement from a 3-axis gyroscope included in the device.
`
`95.
`
`The Android operating system that runs on the Samsung Galaxy S6 Active uses
`
`the measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
`
`calculate an attitude of the device.
`
`96.
`
`The Samsung Galaxy S7 includes a display screen.
`
`97.
`
`The Samsung Galaxy S7 includes a housing.
`
`98.
`
`99.
`
`The Samsung Galaxy S7 includes a 3-axis accelerometer.
`
`The Samsung Galaxy S7 includes a 3-axis gyroscope.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`12
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`0012
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`Case 2:17-cv-00140-WCB-RSP Document 9 Filed 03/03/17 Page 13 of 33 PageID #: 68
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`100. The Samsung Galaxy S7 includes at least one .
`
`101. The Samsung Galaxy S7 includes a 3-axis accelerometer attached to a PCB.
`
`102. The Samsung Galaxy S7 includes a 3-axis gyroscope attached to a PCB.
`
`103. The Samsung Galaxy S7 includes a 3-axis accelerometer that is capable of
`
`measuring accelerations.
`
`104. The Samsung Galaxy S7 includes a 3-axis gyroscope that is capable of measuring
`
`rotation rates.
`
`105. The Samsung Galaxy S7 includes a 3-axis accelerometer that is capable of
`
`measuring accelerations using a “Sensor Coordinate System” as described in the Android
`
`developer library. See
`
`https://developer.android.com/guide/topics/sensors/sensors_overview.html#sensors-coords
`
`(describing “Sensor Coordinate System”).
`
`106. The Samsung Galaxy S7 includes a 3-axis gyroscope that is capable of measuring
`
`rotation rates using a “Sensor Coordinate System.”
`
`107. The Samsung Galaxy S7 includes a processor that is capable of processing data
`
`associated with measurement from a 3-axis accelerometer.
`
`108. The Samsung Galaxy S7 includes a processor that is capable of processing data
`
`associated with measurement from a 3-axis gyroscope.
`
`109. The Samsung Galaxy S7 runs an Android operating system.
`
`110. The Android operating system that runs on the Samsung Galaxy S7 uses the
`
`measurement from a 3-axis accelerometer included in the device.
`
`111. The Android operating system that runs on the Samsung Galaxy S7 uses the
`
`measurement from a 3-axis gyroscope included in the device.
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`13
`
`0013
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 9 Filed 03/03/17 Page 14 of 33 PageID #: 69
`
`112. The Android operating system that runs on the Samsung Galaxy S7 uses the
`
`measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
`
`calculate an attitude of the device.
`
`113. The Samsung Galaxy S7 Edge includes a display screen.
`
`114. The Samsung Galaxy S7 Edge includes a housing.
`
`115. The Samsung Galaxy S7 Edge includes a 3-axis accelerometer.
`
`116. The Samsung Galaxy S7 Edge includes a 3-axis gyroscope.
`
`117. The Samsung Galaxy S7 Edge includes at least one .
`
`118. The Samsung Galaxy S7 Edge includes a 3-axis accelerometer attached to a PCB.
`
`119. The Samsung Galaxy S7 Edge includes a 3-axis gyroscope attached to a PCB.
`
`120. The Samsung Galaxy S7 Edge includes a 3-axis accelerometer that is capable of
`
`measuring accelerations.
`
`121. The Samsung Galaxy S7 Edge includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates.
`
`122. The Samsung Galaxy S7 Edge includes a 3-axis accelerometer that is capable of
`
`measuring accelerations using a “Sensor Coordinate System” as described in the Android
`
`developer library. See
`
`https://developer.android.com/guide/topics/sensors/sensors_overview.html#sensors-coords
`
`(describing “Sensor Coordinate System”).
`
`123. The Samsung Galaxy S7 Edge includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates using a “Sensor Coordinate System.”
`
`124. The Samsung Galaxy S7 Edge includes a processor that is capable of processing
`
`data associated with measurement from a 3-axis accelerometer.
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`14
`
`0014
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 9 Filed 03/03/17 Page 15 of 33 PageID #: 70
`
`125. The Samsung Galaxy S7 Edge includes a processor that is capable of processing
`
`data associated with measurement from a 3-axis gyroscope.
`
`126. The Samsung Galaxy S7 Edge runs an Android operating system.
`
`127. The Android operating system that runs on the Samsung Galaxy S7 Edge uses the
`
`measurement from a 3-axis accelerometer included in the device.
`
`128. The Android operating system that runs on the Samsung Galaxy S7 Edge uses the
`
`measurement from a 3-axis gyroscope included in the device.
`
`129. The Android operating system that runs on the Samsung Galaxy S7 Edge uses the
`
`measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
`
`calculate an attitude of the device.
`
`130. The Samsung Galaxy S7 Active includes a display screen.
`
`131. The Samsung Galaxy S7 Active includes a housing.
`
`132. The Samsung Galaxy S7 Active includes a 3-axis accelerometer.
`
`133. The Samsung Galaxy S7 Active includes a 3-axis gyroscope.
`
`134. The Samsung Galaxy S7 Active includes at least one .
`
`135. The Samsung Galaxy S7 Active includes a 3-axis accelerometer attached to a
`
`PCB.
`
`136. The Samsung Galaxy S7 Active includes a 3-axis gyroscope attached to a PCB.
`
`137. The Samsung Galaxy S7 Active includes a 3-axis accelerometer that is capable of
`
`measuring accelerations.
`
`138. The Samsung Galaxy S7 Active includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates.
`
`139. The Samsung Galaxy S7 Active includes a 3-axis accelerometer that is capable of
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`15
`
`0015
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 9 Filed 03/03/17 Page 16 of 33 PageID #: 71
`
`measuring accelerations using a “Sensor Coordinate System” as described in the Android
`
`developer library. See
`
`https://developer.android.com/guide/topics/sensors/sensors_overview.html#sensors-coords
`
`(describing “Sensor Coordinate System”).
`
`140. The Samsung Galaxy S7 Active includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates using a “Sensor Coordinate System.”
`
`141. The Samsung Galaxy S7 Active includes a processor that is capable of processing
`
`data associated with measurement from a 3-axis accelerometer.
`
`142. The Samsung Galaxy S7 Active includes a processor that is capable of processing
`
`data associated with measurement from a 3-axis gyroscope.
`
`143. The Samsung Galaxy S7 Active runs an Android operating system.
`
`144. The Android operating system that runs on the Samsung Galaxy S7 Active uses
`
`the measurement from a 3-axis accelerometer included in the device.
`
`145. The Android operating system that runs on the Samsung Galaxy S7 Active uses
`
`the measurement from a 3-axis gyroscope included in the device.
`
`146. The Android operating system that runs on the Samsung Galaxy S7 Active uses
`
`the measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
`
`calculate an attitude of the device.
`
`147. The Samsung Galaxy Note5 includes a display screen.
`
`148. The Samsung Galaxy Note5 includes a housing.
`
`149. The Samsung Galaxy Note5 includes a 3-axis accelerometer.
`
`150. The Samsung Galaxy Note5 includes a 3-axis gyroscope.
`
`151. The Samsung Galaxy Note5 includes at least one .
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`16
`
`0016
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 9 Filed 03/03/17 Page 17 of 33 PageID #: 72
`
`152. The Samsung Galaxy Note5 includes a 3-axis accelerometer attached to a PCB.
`
`153. The Samsung Galaxy Note5 includes a 3-axis gyroscope attached to a PCB.
`
`154. The Samsung Galaxy Note5 includes a 3-axis accelerometer that is capable of
`
`measuring accelerations.
`
`155. The Samsung Galaxy Note5 includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates.
`
`156. The Samsung Galaxy Note5 includes a 3-axis accelerometer that is capable of
`
`measuring accelerations using a “Sensor Coordinate System” as described in the Android
`
`developer library. See
`
`https://developer.android.com/guide/topics/sensors/sensors_overview.html#sensors-coords
`
`(describing “Sensor Coordinate System”).
`
`157. The Samsung Galaxy Note5 includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates using a “Sensor Coordinate System.”
`
`158. The Samsung Galaxy Note5 includes a processor that is capable of processing
`
`data associated with measurement from a 3-axis accelerometer.
`
`159. The Samsung Galaxy Note5 includes a processor that is capable of processing
`
`data associated with measurement from a 3-axis gyroscope.
`
`160. The Samsung Galaxy Note5 runs an Android operating system.
`
`161. The Android operating system that runs on the Samsung Galaxy Note5 uses the
`
`measurement from a 3-axis accelerometer included in the device.
`
`162. The Android operating system that runs on the Samsung Galaxy Note5 uses the
`
`measurement from a 3-axis gyroscope included in the device.
`
`163. The Android operating system that runs on the Samsung Galaxy Note5 uses the
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`17
`
`0017
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 9 Filed 03/03/17 Page 18 of 33 PageID #: 73
`
`measurement from a 3-axis accelerometer and the measurement from a 3-axis gyroscope to
`
`calculate an attitude of the device.
`
`164. The Samsung Galaxy Tab S2 8.0 includes a display screen.
`
`165. The Samsung Galaxy Tab S2 8.0 includes a housing.
`
`166. The Samsung Galaxy Tab S2 8.0 includes a 3-axis accelerometer.
`
`167. The Samsung Galaxy Tab S2 8.0 includes a 3-axis gyroscope.
`
`168. The Samsung Galaxy Tab S2 8.0 includes at least one .
`
`169. The Samsung Galaxy Tab S2 8.0 includes a 3-axis accelerometer attached to a
`
`PCB.
`
`170. The Samsung Galaxy Tab S2 8.0 includes a 3-axis gyroscope attached to a PCB.
`
`171. The Samsung Galaxy Tab S2 8.0 includes a 3-axis accelerometer that is capable
`
`of measuring accelerations.
`
`172. The Samsung Galaxy Tab S2 8.0 includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates.
`
`173. The Samsung Galaxy Tab S2 8.0 includes a 3-axis accelerometer that is capable
`
`of measuring accelerations using a “Sensor Coordinate System” as described in the Android
`
`developer library. See
`
`https://developer.android.com/guide/topics/sensors/sensors_overview.html#sensors-coords
`
`(describing “Sensor Coordinate System”).
`
`174. The Samsung Galaxy Tab S2 8.0 includes a 3-axis gyroscope that is capable of
`
`measuring rotation rates using a “Sensor Coordinate System.”
`
`175. The Samsung Galaxy Tab S2 8.0 includes a processor that is capable of
`
`processing data associated w