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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`Page 3 of 144
`
`
`
`Case 1:18-cv-00826-UNA Document 1 Filed 06/01/18 Page 4 of 42 PageID #: 4
`
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`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
`IPR2019-00885 (US 8,539,047)
`Exhibit 2081
`Page
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
