IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`DODOTS LICENSING SOLUTIONS LLC,
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`Plaintiff,
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`v.
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`)
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`)
`)
`)
`)
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`C.A. No. 18-cv-98-MN
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`JURY TRIAL DEMANDED
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`
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`LENOVO HOLDING CO., INC., LENOVO
`(UNITED STATES), INC. and MOTOROLA
`MOBILITY LLC,
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`
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`
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`Defendants.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`This is an action for patent infringement in which Plaintiff DoDots Licensing Solutions
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`LLC (“DoDots”), makes the following allegations against Lenovo Holding Co., Inc. (“LHCI”)
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`and Lenovo (United States) Inc. (“Lenovo U.S.A.”) (collectively, “Lenovo”), and against
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`Motorola Mobility LLC (“Motorola”). Plaintiff refers to Lenovo and Motorola collectively
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`herein as “Defendants”:
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`THE PARTIES
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`1.
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`DoDots is a Texas limited liability company with a place of business at 836
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`Diamond Street, Laguna Beach, California 92651.
`
`2.
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`Upon information and belief, LHCI is a Delaware corporation having a regular
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`and established place of business in Morrisville, North Carolina. LHCI may be served with
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`process through its registered agent for service in Delaware: The Corporation Trust Company,
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`Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
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`3.
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`Upon information and belief, Lenovo U.S.A. is a Delaware corporation having a
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`regular and established place of business in Morrisville, North Carolina. Lenovo U.S.A. may
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 1 of 17
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`be served with process through its registered agent for service in Delaware: The Corporation
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`Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
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`4.
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`Upon information and belief, Motorola is a Delaware limited liability company
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`having a regular and established place of business in Chicago, Illinois. Motorola may be served
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`with process through its registered agent for service in Delaware: The Corporation Trust
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`Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
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`5.
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`Upon information and belief, Lenovo and Motorola are affiliates because
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`Motorola is controlled by, or under common control with, at least LHCI or Lenovo U.S.A.
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`JURISDICTION AND VENUE
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`6.
`
`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code.
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`7.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
`
`8.
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`This Court has personal jurisdiction over LHCI because, on information and
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`belief, LHCI resides in this judicial district because LHCI is a corporation organized under the
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`laws of the State of Delaware and maintains as a registered agent, The Corporation Trust
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`Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
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`9.
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`This Court has personal jurisdiction over Lenovo U.S.A. because, on information
`
`and belief, Lenovo U.S.A. resides in this judicial district because Lenovo U.S.A. is a corporation
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`organized under the laws of the State of Delaware and maintains as a registered agent, The
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`Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
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`Delaware 19801.
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`10.
`
`This Court has personal jurisdiction over Motorola because, on information and
`
`belief, Motorola resides in this judicial district because Motorola is a limited liability company
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`- 2 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 2 of 17
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`organized under the laws of the State of Delaware and maintains as a registered agent, The
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`Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
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`Delaware 19801.
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`11.
`
`This Court further has personal jurisdiction over Defendants because Defendants
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`have committed, or aided, abetted, contributed, and/or participated in the commission of tortious
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`acts of patent infringement that has led to foreseeable harm and injury to DoDots in this judicial
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`district. Upon information and belief, Defendants have derived substantial revenue from their
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`infringing acts in the State of Delaware and this District, including from its sales of infringing
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`devices in the United States.
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`12.
`
`Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`THE PATENTS-IN-SUIT
`
`13.
`
`On June 14, 2016, the U.S. Patent and Trademark Office duly and lawfully
`
`issued U.S. Patent No. 9,369,545 (the “’545 Patent”), entitled “Accessing and Displaying
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`Network Content,” naming John Kembel et al. as the inventors. The ’545 Patent is in force.
`
`DoDots is the lawful owner of all right, title and interest in the ’545 Patent and has the right to
`
`sue and to recover for past infringement of the ’545 Patent. A copy of the ’545 Patent is attached
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`as Exhibit A.
`
`14.
`
`On September 13, 2011, the U.S. Patent and Trademark Office duly and
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`lawfully issued U.S. Patent No. 8,020,083 (the “’083 Patent”), entitled “System and Methods for
`
`Creating and Authoring Internet Content Using Application Media Packages,” naming John
`
`Kembel et al. as the inventors. The ’083 Patent is in force. DoDots is the lawful owner of all
`
`right, title and interest in the ’083 Patent and has the right to sue and to recover for past
`
`infringement of the ’083 Patent. A copy of the ’083 Patent is attached as Exhibit B.
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`- 3 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 3 of 17
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`15.
`
`On August 13, 2013, the U.S. Patent and Trademark Office duly and lawfully
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`issued U.S. Patent No. 8,510,407 (the “’407 Patent”), entitled “Displaying Time-Varying
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`Internet Based Data Using Application Media,” naming John Kembel et al. as the inventors. The
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`’407 Patent is in force. DoDots is the lawful owner of all right, title and interest in the ’407
`
`Patent and has the right to sue and to recover for past infringement of the ’407 Patent. A copy of
`
`the ’407 Patent is attached as Exhibit C.
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`
`
`BACKGROUND
`
`16.
`
`DoDots, Inc. was a new Silicon Valley technology company founded in 1999 by
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`inventors and twin brothers, John Kembel and George Kembel, along with Tony Medrano when
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`they were all graduate students at Stanford University. In those days, well before the first iPod
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`was released, much less the first smartphone, conventional wisdom revolved around accessing
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`content on the web using Microsoft’s Internet Explorer or Netscape Navigator. DoDots, Inc. set
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`out to commercialize a novel and completely unconventional approach to delivering content
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`from the Internet in the form of connected widgets or applications called “Dots” rather than via a
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`web browser.
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`17.
`
`DoDots, Inc. developed and distributed a system and platform for its businesses
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`and other third parties to develop such widgets or apps and make them available to desktop and
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`mobile devices. At its peak, DoDots, Inc. was a hot Internet startup valued at $275 million. The
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`company listed dozens of customers that had used the technology to distribute their own Dots,
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`including ABC, Edmunds, CNET and Merriam-Webster. A copy of the company’s customer
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`listing from its website in 2000 is attached as Exhibit D. The company evangelized the concept
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`of Dots and demonstrated the technology to all who would listen, including at conferences
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`attended by many leading technology companies of today.
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`- 4 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 4 of 17
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`18. With the industry-wide dot com bubble burst, investors withdrew support at a
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`critical stage of its growth, leaving DoDots, Inc. with limited options. DoDots, Inc. was forced to
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`sell its assets, including its valuable patent portfolio, and the portfolio is now owned by the new
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`DoDots entity. The patent portfolio now includes the most-recently issued patent-in-suit, i.e., the
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`’545 Patent, which was issued June 14, 2016. This is the most recent of the 16 issued patents in
`
`the portfolio, and claims priority back to 1999. The patented technology paved the way for
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`connected widgets and app ecosystems and is in wide use today. DoDots is in the business of
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`licensing and/or selling its intellectual property to current and potential adopters in the industry.
`
`19.
`
`Defendant Lenovo makes, has made, uses, sells, offers for sale, and/or imports in
`
`the United States products and/or systems that infringe the patents-in-suit. For example, without
`
`limitation, Lenovo ThinkPad, Yoga, ThinkCentre, IdeaCentre, ideapad, ThinkStation, Legion
`
`and Flex computers, including the Lenovo ThinkPad, and Lenovo YogaBook, YogaTab, Tab,
`
`Tab 3, Tab 4, ThinkPad Tablet, MIIX, Phab 2 and Phab 2 Pro mobile devices each make
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`extensive use of apps and/or widgets, and infringe the patents-in-suit (collectively, the “Lenovo
`
`Accused Devices”).
`
`20.
`
`Defendant Motorola makes, has made, uses, sells, offers for sale, and/or imports
`
`in the United States products and/or systems that infringe the patents-in-suit. For example,
`
`without limitation, Motorola Z, X, G, E and Droid family mobile phones, including the Motorola
`
`moto z smartphone each make extensive use of apps and/or widgets, and infringe the patents-in-
`
`suit (collectively, the “Motorola Accused Devices”).
`
`21.
`
`Defendant Lenovo provides a link to the Motorola Accused Devices from one or
`
`more Lenovo-controlled websites. Plaintiff refers to the Lenovo Accused Devices and the
`
`Motorola Accused Devices collectively herein as the “Accused Devices.”
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`- 5 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 5 of 17
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`22.
`
`By way of example, Lenovo’s YogaBook infringes Claim 1 of the ‘545 patent,
`
`which recites the following limitations:
`
`
`
`A computer-implemented method of obtaining content over a network and displaying the
`content to a user, the method being implemented in a client computing device in
`operative communication with a server over a network, the client computing device
`including electronic storage, a display, and one or more processors configured to execute
`one or more computer program modules, the method comprising:
`
`transmitting a request to the server over the network, the request requesting
`networked information monitor template;
`receiving the requested networked information monitor template from the server
`over the internet, the requested networked information monitor template having been
`transmitted from the server over the network responsive to the transmitted request,
`the networked information monitor template comprising:
`a definition of a viewer graphical user interface within which content in a web
`browser-readable language may be presented on the display of the client computing
`device; and
`a definition of a first content element for the networked information monitor
`template, the definition of the first content element referencing a first network location
`from which the first content element for the networked information monitor template is
`served over the network;
`responsive to instructions included in the requested networked information
`monitor template, presenting the viewer graphical user interface defined by the
`networked information monitor on the display of the client computing device separate
`from and outside of any other graphical user interface that includes user controls for
`specifying the first network location from which the first content element for the
`networked information monitor is served over the network;
`receiving, over the network, the first content element transmitted responsive to the
`first content request;
`presenting the received the first content element in the viewer graphical user
`interface defined by the networked information monitor template, wherein the definition
`of the viewer graphical user interface and/or the first content element define all controls
`for enabling a user to interact with the first content element through the viewer graphical
`user interface.
`
`
`
`23.
`
`Lenovo Yogabook includes various apps including, for example, a stocks
`
`(finance) app, MSN weather app, sports team app, a podcast app and numerous other apps
`
`(collectively, the “Yogabook Apps”).
`
`24.
`
`Yogabook, in connection with the use of the Yogabook Apps, performs each step
`
`of the method taught in Claim 1 of the ‘545 patent:
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`- 6 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 6 of 17
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`Yogabook provides a computer-implemented method of obtaining content over a network
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`(such as the internet) and displaying the content to a user, the method being implemented
`
`in a client computing device (i.e., the Yogabook) in operative communication with a
`
`server over a network (such as the internet), the client computing device (i.e., Yogabook)
`
`including electronic storage (such as a hard drive), a display (such as the Yogabook’s
`
`monitor), and one or more processors (such as the Yogabook’s processors) configured to
`
`execute one or more computer program modules, the method comprising:
`
`
`
`transmitting a request to the server over the network, the request requesting
`
`networked information monitor template (such as, for example, the MSN Weather
`
`app/widget);
`
` receiving the requested networked information monitor template (such as, for
`
`example, the MSN Weather app/widget) from the server over the internet, the requested
`
`networked information monitor template having been transmitted from the server over
`
`the network responsive to the transmitted request,
`
` the networked information monitor template comprising:
`
`a definition of a viewer graphical user interface within which content (such as
`
`weather data) in a web browser-readable language (such as XAML and/or WinJS using a
`
`web control plugin, for example, x-ms-webview) may be presented on the display
`
`(monitor) of the client computing device (i.e., the Yogabook); and
`
` a definition of a first content element (such as temperature) for the networked
`
`information monitor template, the definition of the first content element (such as
`
`temperature) referencing a first network location (such as using uniform resource locators)
`
`
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`- 7 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 7 of 17
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`from which the first content element (such as temperature) for the networked information
`
`monitor template is served over the network;
`
` responsive to instructions included in the requested networked information
`
`monitor template (such as the weather app/widget), presenting the viewer graphical user
`
`interface defined by the networked information monitor on the display (monitor) of the
`
`client computing device (i.e., the Yogabook) separate from and outside of any other
`
`graphical user interface that includes user controls for specifying the first network
`
`location from which the first content element (such as temperature) for the networked
`
`information monitor is served over the network;
`
` receiving, over the network, the first content element (such as temperature)
`
`transmitted responsive to the first content request;
`
` presenting the received the first content element (such as temperature) in the
`
`viewer graphical user interface defined by the networked information monitor template
`
`(such as the weather app/widget), wherein the definition of the viewer graphical user
`
`interface and/or the first content element (such as temperature) define all controls for
`
`enabling a user to interact with the first content element (such as temperature) through the
`
`viewer graphical user interface (such as allowing the user to select location based on GPS
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`detection or manually).
`
`25.
`
`By way of example, Lenovo’s YogaBook also infringes Claim 1 of the ‘083
`
`patent, which recites the following limitations:
`
`A client device, the client device comprising:
`electronic storage having stored thereon a plurality of networked information monitor
`templates defining a plurality of networked information monitors, the plurality of networked
`information monitor templates comprising a first networked information monitor template
`defining a first networked information monitor, wherein the first networked information monitor
`template comprises:
`
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`- 8 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 8 of 17
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`(1)
`
`(2)
`
`(3)
`
`a content reference that comprises a network location at which content for the
`first networked information is accessible via a TCP/IP protocol;
`a definition of a graphical user interface of the first networked information
`monitor that lacks controls for manually navigating a network, and that
`includes a frame within which content received from the network location can
`be displayed, and frame characteristics defining one or more color, a size, or a
`position on the electronic display of the frame; and
`instructions configured (i) to cause the first networked information monitor to
`request content from the network location in the content reference via the
`TCP/IP protocol, and (ii) to cause the first networked information monitor to
`generate the graphical user interface of the first networked information
`monitor with the content received from the network location via the TCP/IP
`protocol within the frame;
`an electronic display; and
`one or more processors configured to access the first networked information monitor
`template such that the graphical user interface of the first networked information monitor
`is presented to a user on the electronic display having content received from the content
`reference therein.
`
`26.
`
`For example, Yogabook, in connection with the weather app, satisfies each
`
`limitation of Claim 1 of the ‘083 patent, as the Yogabook is:
`
`A client device, the client device (i.e., the Yogabook) comprising:
`
`electronic storage (such as a hard drive) having stored thereon a plurality of networked
`
`information monitor templates defining a plurality of networked information monitors,
`
`the plurality of networked information monitor templates comprising a first networked
`
`information monitor template defining a first networked information monitor, wherein
`
`the first networked information monitor template comprises:
`
`a content reference (such as a url) that comprises a network location at which content for
`
`the first networked information (such as temperature data) is accessible via a TCP/IP
`
`protocol;
`
`a definition of a graphical user interface of the first networked information monitor (such
`
`as the graphical user interface of the weather app) that lacks controls for manually
`
`navigating a network, and that includes a frame within which content (such as
`
`
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`- 9 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 9 of 17
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`temperature data) received from the network location can be displayed, and frame
`
`characteristics defining one or more color, a size, or a position on the electronic display
`
`of the frame; and
`
`instructions configured (i) to cause the first networked information monitor to request
`
`content (such as temperature data) from the network location in the content reference via
`
`the TCP/IP protocol, and (ii) to cause the first networked information monitor to generate
`
`the graphical user interface of the first networked information monitor with the content
`
`(such as temperature data) received from the network location via the TCP/IP protocol
`
`within the frame;
`
`an electronic display (such as the Yogabook’s monitor); and
`
`one or more processors configured to access the first networked information monitor
`
`template such that the graphical user interface of the first networked information monitor
`
`is presented to a user on the electronic display having content (such as temperature data)
`
`received from the content reference therein.
`
`27.
`
`By way of additional example, Lenovo’s YogaBook also infringes Claim 1 of the
`
`‘407 patent, which recites the following limitations:
`
`A client computing device configured to access content over a network, the client
`computing device comprising:
`electronic storage configured to store networked information monitor template associated
`with a networked information monitor, the networked information monitor template having
`therein a definition of a viewer graphical interface having a frame within which time-varying
`content in a web browser-readable language may be presented on a display associated with the
`client computing device, wherein the frame of the viewer graphical user interface lacks controls
`for enabling a user to specify a network location at which content for the networked information
`monitor is available; and
`one or more processors configured to execute one or more computer program modules,
`the one or more computer program modules being configured to access the networked
`information monitor defined by the networked information monitor template, wherein accessing
`the networked information monitor defined by the networked information monitor template
`results in:
`
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`- 10 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 10 of 17
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` transmission, over a network to a web server at a network location, of a content request
`for content to be displayed within the frame of the viewer graphical user interface defined by the
`networked information monitor template;
`reception, over the network from the web server at the network location, of content
`transmitted from the web server in response to the content request, the content being time-
`varying;
`presentation, on the display, of the viewer graphical user interface defined by the
`networked information monitor template outside of and separate from any graphical user
`interface of any other application; and
`presentation, on the display within the frame of the viewer graphical user interface
`defined by the networked information monitor, of the time-varying content received from the
`web server.
`
`28.
`
`For example, Yogabook, in connection with the weather app, satisfies each
`
`limitation of Claim 1 of the ‘407 patent, as the Yogabook is:
`
`A client computing device configured to access content over a network (such as the
`
`internet), the client computing device (i.e., the Yogabook) comprising:
`
`electronic storage (such as a hard drive) configured to store networked information
`
`monitor template associated with a networked information monitor, the networked information
`
`monitor template having therein a definition of a viewer graphical interface having a frame
`
`within which time-varying content (such as temperature, which varies over time) in a web
`
`browser-readable language may be presented on a display (monitor) associated with the client
`
`computing device (i.e., the Yogabook), wherein the frame of the viewer graphical user interface
`
`lacks controls for enabling a user to specify a network location (such as a url) at which content
`
`(such as temperature data) for the networked information monitor is available; and
`
`one or more processors configured to execute one or more computer program modules,
`
`the one or more computer program modules being configured to access the networked
`
`information monitor defined by the networked information monitor template, wherein accessing
`
`the networked information monitor defined by the networked information monitor template
`
`results in:
`
`
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`- 11 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 11 of 17
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` transmission, over a network (such as the internet) to a web server at a network location,
`
`of a content request (such as a request for temperature data) for content (such as the temperature
`
`data) to be displayed within the frame of the viewer graphical user interface defined by the
`
`networked information monitor template;
`
`reception, over the network (such as the internet) from the web server at the network
`
`location, of content (such as temperature data) transmitted from the web server in response to the
`
`content request (such as the request for temperature data), the content being time-varying (such
`
`as temperature, which varies over time);
`
`presentation, on the display (monitor), of the viewer graphical user interface defined by
`
`the networked information monitor template outside of and separate from any graphical user
`
`interface of any other application (i.e., the viewer graphical user interface of the weather app);
`
`and
`
`presentation, on the display (monitor) within the frame of the viewer graphical user
`
`interface defined by the networked information monitor (i.e., the viewer graphical user interface
`
`of the weather app), of the time-varying content (such as temperature) received from the web
`
`server.
`
`29.
`
`As alleged below, Defendants induce infringement of the Patents-in-Suit by their
`
`customers, and intend to do so, through their marketing materials, brochures, product manuals,
`
`and other materials such as their website, https://www.lenovoappexplorer.com/en_us/, with
`
`knowledge of the Patents-in-Suit and their customers’ infringement of them. Lenovo actively
`
`markets its “Lenovo App Explorer,” which it touts at the Lenovo App Explorer website as a “one
`
`stop shop to discover, evaluate, choose and install apps.” Lenovo also states at that website that
`
`Lenovo gives users a selection of the “most popular” apps, which shows that Lenovo not only
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`- 12 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 12 of 17
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`knows its customers are using the apps but Lenovo encourages the use by providing the selection
`
`of popular apps directly to the customers. For the same reasons that Lenovo knows its own use
`
`infringes the patents-in-suit, Lenovo also knows that its customers’ use likewise infringes the
`
`patents-in-suit. Lenovo has been aware of all three patents-in-suit since at least the filing of the
`
`First Amended Complaint in this action, yet continues its own infringing activity as well as its
`
`inducement of infringement by its customers. On information and belief, Lenovo in fact has
`
`been aware of all three patents-in-suit even before the filing the First Amended Complaint, at
`
`least from shortly after the filing of the original Complaint.
`
`
`
`COUNT I
`
`INFRINGEMENT OF THE ’545 PATENT
`
`30.
`
`Plaintiff realleges and incorporates by reference each of the allegations set forth in
`
`Paragraphs 1-29.
`
`31.
`
`DoDots owns by assignment the entire right, title, and interest in the ’545 patent
`
`and is entitled to sue for past, current and future infringement. A true and correct copy of the
`
`’545 patent is attached hereto as Exhibit A. The ’545 patent duly and legally issued on June 14,
`
`2016, and is titled “Accessing and Displaying Network Content.”
`
`32.
`
`Defendants directly and indirectly infringed one or more claims of the ’545 patent
`
`in violation of 35 U.S.C. § 271 by, at least, using in the United States Accused Devices that
`
`practice and/or are covered by one or more claims of the ’545 patent. For example, Defendants’
`
`products and/or systems infringe, either directly, indirectly or under the doctrine of equivalents,
`
`at least claims 1-2, 9-10, 12 and 13 of the ’545 patent.
`
`33.
`
`As a result of Defendants’ infringement of the ’545 patent, DoDots has suffered
`
`damages and will continue to suffer damages.
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 13 of 17
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`34.
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`35.
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`Defendants’ are on notice of the ‘545 patent and are continuing to infringe.
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`DoDots has been damaged as a result of Defendants’ infringing conduct.
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`Defedants are therefore liable to DoDots in an amount that adequately compensates DoDots for
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`Defendants’ infringement, which, by law, cannot be less than a reasonable royalty, together with
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`interest and costs as fixed by this Court under 35 U.S.C. sections 284-285.
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`COUNT II
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`INFRINGEMENT OF THE ’083 PATENT
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`36.
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`Plaintiff realleges and incorporates by reference each of the allegations set forth in
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`Paragraphs 1-35.
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`37.
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`DoDots owns by assignment the entire right, title, and interest in the ’083 patent
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`and is entitled to sue for past, current and future infringement. A true and correct copy of the
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`’083 patent is attached hereto as Exhibit B. The ’083 patent duly and legally issued on
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`September 13, 2011, and is titled “System and Methods for Creating and Authoring Internet
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`Content Using Application Media Packages.”
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`38.
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`Defendants directly and indirectly infringed one or more claims of the ’083 patent
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`in violation of 35 U.S.C. § 271 by, at least, making, using, supplying, distributing, importing,
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`exporting, selling and/or offering for sale in the United States Accused Devices that practice
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`and/or are covered by one or more claims of the ’083 patent. For example, Defendants’ products
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`and/or systems infringe, either directly, indirectly or under the doctrine of equivalents, at least
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`claim 1 of the ’083 patent.
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`39.
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`As a result of Defendants’ infringement of the ’083 patent, DoDots has suffered
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`damages and will continue to suffer damages.
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`40.
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`Defendants’ are on notice of the ‘083 patent and are continuing to infringe.
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`- 14 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 14 of 17
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`41.
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`DoDots has been damaged as a result of Defendants’ infringing conduct.
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`Defedants are therefore liable to DoDots in an amount that adequately compensates DoDots for
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`Defendants’ infringement, which, by law, cannot be less than a reasonable royalty, together with
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`interest and costs as fixed by this Court under 35 U.S.C. sections 284-285.
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`COUNT III
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`INFRINGEMENT OF THE ’407 PATENT
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`42.
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`Plaintiff realleges and incorporates by reference each of the allegations set forth in
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`Paragraphs 1-41.
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`43.
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`DoDots owns by assignment the entire right, title, and interest in the ’407 patent
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`and is entitled to sue for past, current and future infringement. A true and correct copy of the
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`’407 patent is attached hereto as Exhibit C. The ’407 patent duly and legally issued on August
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`13, 2013, and is titled “Displaying Time-Varying Internet Based Data Using Application Media
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`Packages.”
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`44.
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`Defendants directly and indirectly infringed one or more claims of the ’407 patent
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`in violation of 35 U.S.C. § 271 by, at least, making, using, supplying, distributing, importing,
`
`exporting, selling and/or offering for sale in the United States Accused Devices that practice
`
`and/or are covered by one or more claims of the ’407 patent. For example, Defendants’ products
`
`and/or systems infringe, either directly, indirectly or under the doctrine of equivalents, at least
`
`claim 1 of the ’407 patent.
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`45.
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`As a result of Defendants’ infringement of the ’407 patent, DoDots has suffered
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`damages and will continue to suffer damages.
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`46.
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`47.
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`Defendants’ are on notice of the ‘407 patent and are continuing to infringe.
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`DoDots has been damaged as a result of Defendants’ infringing conduct.
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`Defedants are therefore liable to DoDots in an amount that adequately compensates DoDots for
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`- 15 -
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`Petitioners Lenovo Holding Company Inc., et al.
`Exhibit 1015 - Page 15 of 17
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`Defendants’ infringement, which, by law, cannot be less than a reasonable royalty, together with
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`interest and costs as fixed by this Court under 35 U.S.C. sections 284-285.
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`
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`WHEREFORE, DoDots respectfully requests the following relief:
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`REQUEST FOR RELIEF
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`a. A judgment that Defendants have infringed each the patents-in-suit i.e., the ’545 Patent,
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`the ‘083 Patent, and the ‘407 Patent;
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`b. An accounting and an award of damages pursuant to 35 U.S.C. section 284 adequate to
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`compensate for Defendants’ infringement of DoDots’ patents-in-suit, and in no event less
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`than a reasonable royalty for Defendants’ acts of infringement, including all pre-
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`judgment and post-judgment interest at the maximum rate permitted by law;
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`c. That Defendants, its officers, agents, and employees, and those persons acting in active
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`concert or participation with Defendants, and its successors and assigns, be enjoined from
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`further patent infringement;
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`d. A finding that this is an exceptional case under 35 U.S.C. section 285 entitling DoDots to
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`enhanced damages up to a trebling and an an award of attorneys’ fees;
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`e. That Defendants be ordered to pay all of DoDots’ costs associated with this action; and
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`f. Any other remedy to which DoDots may be entitled.
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`JURY DEMAND
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`DoDots hereby respectfully requests a trial by jury of all issues so triable, pursuant to
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`Rule 38, Fed. R. Civ. P.
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