Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 1 of 42 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`INGENICO INC.,
`
`Plaintiff,
`
`
`
`v.
`
`IOENGINE, LLC,
`
`
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No.
`
`COMPLAINT FOR DECLARATORY JUDGMENT OF NONINFRINGEMENT
`
`Plaintiff,
`
`Ingenico
`
`Inc.
`
`("Ingenico"),
`
`for
`
`its suit against
`
`IOENGINE, LLC
`
`(“IOENGINE”), alleges as follows:
`
`INTRODUCTION
`
`1.
`
`On March 23, 2018, IOENGINE filed an action in this Court, alleging that PayPal
`
`Holdings, Inc. (“PayPal”), a customer of Ingenico, infringes patents in connection with certain
`
`products supplied to PayPal by Ingenico. Ingenico brings this action because its close familiarity
`
`with the products it supplied to PayPal puts it in a better position than its customer to contest the
`
`alleged infringement of the patents- in-suit.
`
`
`
`PARTIES
`
`2.
`
`Ingenico is a Georgia corporation with its principal place of business at 3025
`
`Windward Plaza, Suite 600, Alpharetta, Georgia. Ingenico is a leading provider of products to
`
`facilitate secure payments to merchants, whether the transactions are completed using mobile
`
`devices, or in-store payment terminals (collectively, “Card Reader Products”). Ingenico’s Card
`
`Reader Products include those identified at ingenico.us/smart-terminals, and ingenico.us/mobile-
`
`solutions/mobile-smart-terminals, including inter alia Telium and Tetra products (including
`
`(cid:3)
`
`1(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 1 of 144
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`INGENICO INC.,
`
`Plaintiff,
`
`
`
`v.
`
`IOENGINE, LLC,
`
`
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No.
`
`COMPLAINT FOR DECLARATORY JUDGMENT OF NONINFRINGEMENT
`
`Plaintiff,
`
`Ingenico
`
`Inc.
`
`("Ingenico"),
`
`for
`
`its suit against
`
`IOENGINE, LLC
`
`(“IOENGINE”), alleges as follows:
`
`INTRODUCTION
`
`1.
`
`On March 23, 2018, IOENGINE filed an action in this Court, alleging that PayPal
`
`Holdings, Inc. (“PayPal”), a customer of Ingenico, infringes patents in connection with certain
`
`products supplied to PayPal by Ingenico. Ingenico brings this action because its close familiarity
`
`with the products it supplied to PayPal puts it in a better position than its customer to contest the
`
`alleged infringement of the patents- in-suit.
`
`
`
`PARTIES
`
`2.
`
`Ingenico is a Georgia corporation with its principal place of business at 3025
`
`Windward Plaza, Suite 600, Alpharetta, Georgia. Ingenico is a leading provider of products to
`
`facilitate secure payments to merchants, whether the transactions are completed using mobile
`
`devices, or in-store payment terminals (collectively, “Card Reader Products”). Ingenico’s Card
`
`Reader Products include those identified at ingenico.us/smart-terminals, and ingenico.us/mobile-
`
`solutions/mobile-smart-terminals, including inter alia Telium and Tetra products (including
`
`(cid:3)
`
`1(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 1 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 2 of 42 PageID #: 2
`
`AXIUM Series, Land Series, Desk Series and Move Series), Telium2 products (including iSC
`
`Series, iPP Series, iCT Series, and iWL Series), mPOS Card Readers (including Moby/8500,
`
`Moby/3000, RP457c Series, RP750x Chip & PIN Mobile Card Reader, RP350x Chip & Sign
`
`Mobile Card Reader, and G5X Mobile Card Reader), Tablet POS products (including
`
`Moby/M70), and Mobile Smart Terminals (including iSMP4 Companion, Link/2500, iSMP
`
`Companion, and iCMP), as well as G4x, G3x, and G2card readers.
`
`3.
`
`On information and belief, IOENGINE is a Delaware limited liability company
`
`with a stated principal place of business at 22 Ensign Road, Norwalk, Connecticut.
`
`SUBJECT MATTER JURISDICTION
`
`4.
`
`This Court has subject matter jurisdiction over this action pursuant to Title 35 of
`
`the United States Code and 28 U.S.C. §§ 1331, 1338(a), 2201 and 2202.
`
`5.
`
`On March 23, 2018, IOENGINE filed a Complaint (the “Customer Suit
`
`Complaint”) in this district docketed as Civil Action No. 18-452-GMS (“the Customer Suit”).
`
`6.
`
`In the Customer Suit Complaint, IOENGINE alleged that it is the assignee of
`
`United States Patent No. 8,539,047 (the “’047 patent”), No. 9,059,969 (the “’969 patent”), and
`
`No. 9,774,703 (the “’703 patent”), (collectively, "patents-in-suit”), with rights to enforce them.
`
`Copies of the ‘047, ‘969, and ‘703 patents are attached hereto as Exhibits A-C respectively.
`
`7.
`
`In the Customer Suit Complaint, IOENGINE further alleged that PayPal infringes,
`
`both directly and indirectly, “claims of each of the” patents-in-suit, including “one or more
`
`claims” of each of the patents-in-suit in connection with products that “include, but are not
`
`limited to, PayPal’s card reader products for mobile payments (for, example the ... PayPal
`
`Mobile Card Reader, PayPal Chip and Swipe Reader, and PayPal Chip and Tap Reader)” (said
`
`(cid:3)
`
`2(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 2 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 3 of 42 PageID #: 3
`
`products collectively, the “Ingenico Accused Products” and each individually an “Ingenico
`
`Accused Product”).
`
`8.
`
`The Ingenico Accused Products are Card Reader Products supplied to PayPal by
`
`Ingenico.
`
`9.
`
`10.
`
`The Customer Suit has triggered an indemnity request by PayPal to Ingenico.
`
`Ingenico denies that the patents-in-suit are infringed in connection with any of the
`
`Ingenico Accused Products by Ingenico or its customer PayPal, or any other customers to whom
`
`Ingenico supplies the Ingenico Accused Products.
`
`11.
`
`Under the circumstances, IOENGINE’s infringement allegations in the Customer
`
`Suit Complaint threaten actual and imminent injury to Ingenico that can be redressed by judicial
`
`relief, and that injury is of sufficient immediacy and reality to warrant the issuance of a
`
`declaratory judgment. Such injury includes, among other things, the implicit assertion that
`
`Ingenico is indirectly infringing by virtue of its actions in selling its Card Reader Products,
`
`including the Ingenico Accused Products; uncertainty as to whether the development, use, and
`
`sale of those products are free from infringement claims based on the patents-in-suit; a cloud
`
`over Ingenico's efforts to market and sell Card Reader Products, including the Ingenico Accused
`
`Products; and the threat that other customers will be sued, giving rise to obligations flowing from
`
`possible claims for indemnity. Absent a declaration of noninfringement, IOENGINE will
`
`wrongfully assert the patents-in-suit against Card Reader Products and the Ingenico Accused
`
`Products, thereby causing Ingenico irreparable injury and damage. Thus, an actual and justiciable
`
`controversy exists between Ingenico and IOENGINE as to the patents-in-suit.
`
`(cid:3)
`
`3(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 3 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 4 of 42 PageID #: 4
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`PERSONAL JURISDICTION
`
`12.
`
`IOENGINE has consented to personal jurisdiction in this district and waived any
`
`objection to suit in this district by filing the Customer Suit here. IOENGINE has purposefully
`
`availed itself of this district by taking steps to enforce the patents-in-suit here against PayPal, an
`
`Ingenico customer, and seeking to enjoin it and its agents, officers, servants, employees, and
`
`affiliated entities, and all persons in active concert or participation with them, from infringing, or
`
`inducing or contributing to the infringement of, the patents-in-suit. IOENGINE's efforts to
`
`enforce the patents-in-suit and enjoin these persons adversely impact Ingenico, as described
`
`above. The Customer Suit accuses Ingenico's customer of infringement of the same patents and
`
`by use of the same Card Reader Products for which declaratory judgment is sought in this suit,
`
`and therefore adjudicates claims which are related to the same facts that give rise to this suit.
`
`13.
`
`IOENGINE is subject to personal jurisdiction in this judicial district based upon
`
`its purposeful, systematic, and continuous contacts with Delaware, including those related to this
`
`case as well as its incorporation in Delaware. Upon information and belief, IOENGINE is an
`
`entity created for the purpose of enforcing the patents-in-suit.
`
` VENUE
`
`14.
`
`Venue is proper in this district pursuant to 28 U.S.C. § 1391 because a substantial
`
`part of the events giving rise to the claims at issue, namely, filing of the Customer Suit, occurred
`
`in this judicial district, and because IOENGINE is subject to personal jurisdiction within this
`
`judicial district due to, inter alia, its incorporation in Delaware.
`
`(cid:3)
`
`4(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 4 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 5 of 42 PageID #: 5
`
`IOENGINE’S ACCESS TO THE ACCUSED PRODUCTS
`
`15.
`
`In the Customer Suit Complaint, IOENGINE refers specifically to each of the
`
`three Ingenico Accused Products, and alleges that each such product has “on-board storage and
`
`processing capabilities.”
`
`16.
`
`In the Customer Suit Complaint, IOENGINE alleges, inter alia, that the PayPal
`
`Mobile Card Reader “contains a EM32 TG110F32 ARM Cortex-M3 processor” and provides a
`
`photograph of an allegedly corresponding processor, alleges the product contains memory
`
`including “Flash memory” and memory “integrated into an EM32 TG110F32 ARM Cortex-M3
`
`processor,” alleges the product includes an audio jack communications interface, and alleges that
`
`the product’s memory stores program code that is configured to cause an interactive user
`
`interface to be presented on a “terminal’s display,” program code configured to enable the
`
`product to “receive communications ... over audio pins (audio pins 3 and 4) ... and to cause a
`
`communication to be sent to a network server,” and program code configured to “cause a
`
`communication resulting from user interaction to be sent to a network server.”
`
`17.
`
`In the Customer Suit Complaint, IOENGINE alleges, inter alia, that the PayPal
`
`Chip and Swipe Reader “contains an ARM STM 32F103 Series microprocessor” and provides a
`
`photograph of an allegedly corresponding processor, alleges that the product contains memory
`
`including “Flash” and “SRAM memory integrated into an ARM STM 32F103 Series
`
`microprocessor” and “a Bluetooth communications interface,” and alleges that the product’s
`
`memory stores program code that is configured to cause an interactive user interface to be
`
`presented on a “terminal’s display,” program code configured to enable the product to “receive
`
`communications ... and to cause a communication to be sent to a network server,” and program
`
`(cid:3)
`
`5(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 5 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 6 of 42 PageID #: 6
`
`code configured to “cause a communication resulting from user interaction ... to be sent to a
`
`network server.”
`
`18.
`
`In the Customer Suit Complaint, IOENGINE alleges, inter alia, that the PayPal
`
`Chip and Tap Reader “contains a Kinetis MK21FX512VMC12 microprocessor” and provides a
`
`photograph of an allegedly corresponding processor, alleges that the product contains memory
`
`including “FLASH and SRAM memory integrated into a Kinetis MK21FX512VMC12
`
`microprocessor” and a “a Bluetooth communications interface,” and alleges that the product’s
`
`memory stores program code that is configured to cause an interactive user interface to be
`
`presented on a “terminal’s display,” program code configured to enable the product to “receive
`
`communications ... and to cause a communication to be sent to a network server,” and program
`
`code configured to “cause a communication resulting from user interaction ... to be sent to a
`
`network server.”
`
`19.
`
`IOENGINE or its agents had possession of the PayPal Mobile Card Reader prior
`
`to the filing of the Customer Suit Complaint.
`
`20.
`
`IOENGINE or its agents had possession of the PayPal Chip and Swipe Reader
`
`prior to the filing of the Customer Suit Complaint.
`
`21.
`
`IOENGINE or its agents had possession of the PayPal Chip and Tap Reader prior
`
`to the filing of the Customer Suit Complaint.
`
`COUNT I
`NONINFRINGEMENT OF THE ‘047 PATENT
`
`Ingenico incorporates the allegations of the preceding paragraphs.
`
`IOENGINE purports to own the right, title, and interest in the '047 patent,
`
`22.
`
`23.
`
`including the right to assert all causes of action arising under that patent.
`
`(cid:3)
`
`6(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 6 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 7 of 42 PageID #: 7
`
`24.
`
`No claim of the '047 patent has been or is infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their making, using, offering for
`
`sale, sale, or importation into the United States (said making, using, offering for sale, sale, or
`
`importation into the United States, collectively, “Activities”) in connection with any of
`
`Ingenico's Card Reader Products.
`
`25.
`
`No Ingenico Accused Product has a communication interface that employs WiFi
`
`connectivity protocol.
`
`26.
`
`27.
`
`No Ingenico Accused Product causes a communication to be sent to a printer.
`
`No Ingenico Accused Product has memory having executable program code
`
`stored thereon that is configured to be executed by a processor on a device that is not part of the
`
`Ingenico Accused Product (said processor hereafter an “Outside Processor”).
`
`28.
`
`No Ingenico Accused Product provides any device that is not part of the Ingenico
`
`Accused Product (said device hereafter an “Outside Device”) access to program code stored on
`
`the Ingenico Accused Product’s memory.
`
`29.
`
`No Ingenico Accused Product provides any Outside Device with access to
`
`program code stored on the Ingenico Accused Product’s memory which is executed by an
`
`Outside Processor.
`
`30.
`
`No Ingenico Accused Product is configured to provide an Outside Device with
`
`access to program code stored on the Ingenico Accused Product’s memory.
`
`31.
`
`No Ingenico Accused Product is configured to provide an Outside Device with
`
`access to program code stored on the Ingenico Accused Product’s memory which is executed by
`
`an Outside Processor.
`
`(cid:3)
`
`7(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 7 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 8 of 42 PageID #: 8
`
`32.
`
`Claim 1 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`33.
`
`Claim 2 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`34.
`
`Claim 3 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`35.
`
`Claim 4 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`36.
`
`Claim 5 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`37.
`
`Claim 6 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`38.
`
`Claim 7 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`(cid:3)
`
`8(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 8 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 9 of 42 PageID #: 9
`
`39.
`
`Claim 8 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`40.
`
`Claim 9 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`41.
`
`Claim 10 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`42.
`
`Claim 11 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`43.
`
`Claim 12 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`44.
`
`Claim 13 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`45.
`
`Claim 14 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`(cid:3)
`
`9(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 9 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 10 of 42 PageID #: 10
`
`46.
`
`Claim 15 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`47.
`
`Claim 16 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`48.
`
`Claim 17 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`49.
`
`Claim 18 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`50.
`
`Claim 19 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`51.
`
`Claim 20 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`52.
`
`Claim 21 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`(cid:3)
`
`10(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 10 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 11 of 42 PageID #: 11
`
`53.
`
`Claim 22 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`54.
`
`Claim 23 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`55.
`
`Claim 24 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`56.
`
`Claim 25 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`57.
`
`Claim 26 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`58.
`
`Claim 27 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`59.
`
`Claim 28 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`(cid:3)
`
`11(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 11 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 12 of 42 PageID #: 12
`
`60.
`
`Claim 29 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`61.
`
`Claim 30 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`62.
`
`Claim 31 of the ‘047 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`63.
`
`As set forth above, an actual controversy exists between Ingenico and IOENGINE
`
`as to infringement of the '047 patent. Ingenico desires a judicial determination and declaration of
`
`the respective rights and duties of the parties herein. Such a determination and declaration is
`
`necessary and appropriate so the parties may ascertain their respective rights and duties.
`
`COUNT II
`NONINFRINGEMENT OF THE '969 PATENT
`
`Ingenico incorporates the allegations of the preceding paragraphs.
`
`On information and belief, IOENGINE purports to own the right, title, and
`
`64.
`
`65.
`
`interest in the ‘969 patent, including the right to assert all causes of action arising under that
`
`patent.
`
`66.
`
`No claim of the '969 patent has been or is infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`Ingenico's Card Reader Products.
`
`67.
`
`No Ingenico Accused Product has stored executable program code which when
`
`executed by a processor on the Ingenico Accused Product is configured to cause a
`
`(cid:3)
`
`12(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 12 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 13 of 42 PageID #: 13
`
`communication to be transmitted to a communication network
`
` node, wherein said
`
`communication facilitates the upload of program code to a communication network node
`
`comprising a database.
`
`68.
`
`No Ingenico Accused Product has stored executable program code which when
`
`executed by a processor on the Ingenico Accused Product is configured to cause a
`
`communication
`
`to be
`
`transmitted
`
`to a communication network node, wherein said
`
`communication facilitates the download of a live data feed to a terminal.
`
`69.
`
`No Ingenico Accused Product has stored executable program code which when
`
`executed by a processor on the Ingenico Accused Product is configured to cause a
`
`communication to be transmitted to a communication network
`
` node, wherein said
`
`communication facilitates the download of a live data feed to a terminal, wherein the live data
`
`feed is presented on a terminal output component.
`
`70.
`
`No Ingenico Accused Product is configured to load program code on to a
`
`terminal.
`
`71.
`
`Claim 1 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`72.
`
`Claim 2 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`73.
`
`Claim 3 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`(cid:3)
`
`13(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 13 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 14 of 42 PageID #: 14
`
`74.
`
`Claim 4 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`75.
`
`Claim 5 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`76.
`
`Claim 6 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`77.
`
`Claim 7 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`78.
`
`Claim 8 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`79.
`
`Claim 9 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`80.
`
`Claim 10 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`(cid:3)
`
`14(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 14 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 15 of 42 PageID #: 15
`
`81.
`
`Claim 11 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`82.
`
`Claim 12 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`83.
`
`Claim 13 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`84.
`
`Claim 14 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`85.
`
`Claim 15 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`86.
`
`Claim 16 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`87.
`
`Claim 17 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`(cid:3)
`
`15(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 15 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 16 of 42 PageID #: 16
`
`88.
`
`Claim 18 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`89.
`
`Claim 19 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`90.
`
`Claim 20 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`91.
`
`Claim 21 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`92.
`
`Claim 22 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`93.
`
`Claim 23 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`94.
`
`Claim 24 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`(cid:3)
`
`16(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 16 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 17 of 42 PageID #: 17
`
`95.
`
`Claim 25 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`96.
`
`Claim 26 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`97.
`
`Claim 27 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`98.
`
`Claim 28 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`99.
`
`Claim 29 of the ‘969 patent is not infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`any of the Ingenico Accused Products.
`
`100. As set forth above, an actual controversy exists between Ingenico and IOENGINE
`
`as to infringement of the '969 patent. Ingenico desires a judicial determination and declaration of
`
`the respective rights and duties of the parties.
`
`COUNT III
`NONINFRINGEMENT OF THE '703 PATENT
`
`101.
`
`Ingenico incorporates the allegations of the preceding paragraphs.
`
`(cid:3)
`
`17(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page 17 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 18 of 42 PageID #: 18
`
`102. On information and belief, IOENGINE purports to own the right, title, and
`
`interest in the ‘703 patent, including the right to assert all causes of action arising under that
`
`patent.
`
`103. No claim of the '703 patent has been or is infringed, either directly or indirectly,
`
`contributorily or otherwise, by Ingenico or any person through their Activities in connection with
`
`Ingenico's Card Reader Products.
`
`104. No Ingenico Accused Product is comprises a network interface configured to
`
`enable the transmission of communications between the Ingenico Accused Product and a
`
`communications network node.
`
`105. No Ingenico Accused Product has memory having executable program code
`
`stored thereon which, when executed by the processor on the Ingenico Accused Product, is
`
`configured to facilitate communications between the Ingenico Accused Product and a
`
`communications network node.
`
`106. No Ingenico Accused Product has memory having executable program code
`
`stored thereon which, when executed by the processor on the Ingenico Accused Product, is
`
`configured to cause a communication to be transmitted through an Ingenico Accused Product’s
`
`network interface to a communications network node.
`
`107. No Ingenico Accused Product is configured to receive a data stream transmitted
`
`from a communications network node.
`
`108. No Ingenico Accused Product is configured to receive a data stream comprising
`
`video data content.
`
`109. No Ingenico Accused Product is configured to transmit video data content to a
`
`terminal for display on a terminal video monitor.
`
`(cid:3)
`
`18(cid:3)
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2004
`Page
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