IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`IMMERVISION, INC.
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS U.S.A., INC. AND
`LG ELECTRONICS INC.
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`CA No. 1:18-cv-01631-MN-CJB
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S INITIAL INFRINGEMENT CONTENTIONS
`
`Pursuant to the Scheduling Order (D.I. 23), plaintiff ImmerVision, Inc. (“ImmerVision”)
`
`hereby submits its Initial Infringement Contentions and claim charts.
`
`The patent in suit is U.S. Patent No. 6,844,990 (“the ‘990 Patent”). Claim 5 of the ‘990
`
`Patent is asserted in this litigation against the LG G6 series and V20 series smartphones and any
`
`other phones or devices having a camera function in which a lens compresses the center and
`
`edges of a detected image, expands an intermediate zone of the detected image, and projects
`
`those compressed center and edge areas and the expanded intermediate zone onto an image
`
`sensor, as shown in the following attached exhibits:
`
`Exhibit A – ‘990 Patent v. LG G6 series smartphone; and
`
`Exhibit B – ‘990 Patent v. LG V20 series smartphone.
`
`ImmerVision submits that the pertinent field of art for claim 5 of the ‘990 Patent is
`
`optical lens design, and that one of ordinary skill in the art will have at least a master’s degree in
`
`optics or a related discipline and at least three years work experience in optical design.
`
`ImmerVision asserts that the described LG products infringe claim 5 of the ‘990 Patent,
`
`either literally or under the doctrine of equivalents, in accordance with the attached Exhibits.
`
`

`

`
`
`The analyses shown in the attached Exhibits were undertaken according to the following
`
`procedure.
`
`Each respective smartphone was mounted in the center of the distortion measurement test
`
`bench, as shown below:
`
`
`
`
`
`The test bench consists of alternative black and white shapes within a cylinder. Each of
`
`the black rectangles, as well as the intervening white spaces, surrounding the top of the cylinder
`
`represents two degrees (2°) of the field of view as seen from the center of the test bench. The
`
`phone was aligned diagonally such that the black and white rectangles extend from one corner of
`
`the resulting image to the diagonally-opposite corner. An image was then captured with the
`
`phone using the resolution of the full sensor. Data was then extracted from the image to analyze
`
`
`
`

`

`at which pixel the transition from black to white or white to black occurred. Using Microsoft
`
`Excel, the distortion present in the image can be calculated by comparing these black to white or
`
`white to black transition points to the pixels on which such transitions would occur on a
`
`distortion-free image.
`
`The wide-angle lens of each phone was then analyzed by opening the phone, removing
`
`the lens from the wide-angle camera module, and measuring the distortion using an Optikos
`
`LensCheck VIS machine. The Optikos outputs an Excel file showing the distortion profile of the
`
`lens as shown in the position and resolution graphs in the attached claim charts. After analysis
`
`by the Optikos, the lens was cut by placing it on a glass slide, covering the lens using 2-ton
`
`epoxy manufactured by Devcon, and allowing the epoxy to dry for 24 hours. The lens was cut
`
`using a Disco DAD3350 dicing saw using a 90 mm diameter, 0.4 mm thick saw blade, in the
`
`multi-pass operating mode at 400µm ≤ Z-Cut ≤ 700µm.
`
`ImmerVision notes that discovery is ongoing and therefore reserves the right to amend,
`
`modify, or supplement these Initial Infringement Contentions without prejudice, including but
`
`not limited to the products being accused and the bases for infringement, as additional facts are
`
`ascertained through discovery and additional testing, analyses are made, Defendants’ positions
`
`shift, and through the litigation process in accordance with the rules of the Court.
`
`

`

`Dated: October 25, 2019
`
` Of Counsel:
`
`Keith A. Jones (pro hac vice)
`Panitch Schwarze Belisario & Nadel LLP
`Two Commerce Square
`2001 Market Street, Suite 2800
`Philadelphia, PA 19103
`Telephone: (215) 965-1330
`kjones@panitchlaw.com
`
`PANITCH SCHWARZE BELISARIO & NADEL, LLP
`
`By: /s/ Keith A. Jones
`John D. Simmons (Bar No. 5996)
`Dennis J. Butler (Bar No. 5981)
`Wells Fargo Tower
`2200 Concord Pike, Suite 201
`Wilmington, DE 19803
`Telephone: (302) 394-6030
`jsimmons@panitchlaw.com
`dbutler@panitchlaw.com
`
`Attorneys for Plaintiff ImmerVision, Inc.
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on October 25, 2019, a true and correct copy of PLAINTIFF’S
`
`INITIAL INFRINGEMENT CONTENTIONS was served upon the following via electronic
`
`mail:
`
`John V. Gorman (#6599)
`Amy M. Dudash (#5741)
`MORGAN, LEWIS & BOCKIUS LLP
`The Nemours Building
`1007 N. Orange Street, Suite 501
`Wilmington, DE 19801
`john.gorman@morganlewis.com
`amy.dudash@morganlewis.com
`
`Collin W. Park (pro hac vice)
`Jeremy Peterson (pro hac vice)
`MORGAN, LEWIS & BOCKIUS LLP
`1111 Pennsylvania Avenue NW
`Washington, DC 20004
`collin.park@morganlewis.com
`jeremy.peterson@morganlewis.com
`
`Andrew V. Devkar (pro hac vice)
`MORGAN, LEWIS & BOCKIUS LLP
`2049 Century Park East, Suite 700
`Los Angeles, CA 90067
`andrew.devkar@morganlewis.com
`
`/s/ Keith A. Jones
`Keith A. Jones
`
`
`
`
`
`
`
`
`
`

`

`US PATENT 6,844,990, CLAIM 5 v. LG G6 SERIES SMARTPHONE
`
`LG G6 Series Smartphone
`
`The LG G6 contains a panoramic objective lens array capable of projecting an image onto an image sensor, as
`shown in IV0004036. LG’s technical documents
`
` The lens is panoramic, as
`the lens reaches nearly 65 degrees away from center, resulting in a total advertised field of view of 125 degrees.
`IV0004036.
`
`Claim
`
`1. A method for capturing a
`digital panoramic image, by
`projecting a panorama onto
`an image sensor by means of
`a panoramic objective lens,
`the panoramic objective lens
`having an image point
`distribution function that is not
`linear relative to the field angle
`of object points of the
`panorama, the distribution
`function having a maximum
`divergence of at least ±10%
`compared to a linear
`distribution function, such that
`the panoramic image obtained
`has at least one substantially
`expanded zone and at least one
`substantially compressed zone.
`
`5. The method according to
`claim 1, wherein the objective
`lens compresses the center of
`the image and the edges of the
`image and expands an
`intermediate zone of the image
`located between the center and
`the edges of the image.
`
`Panoramic images captured by the G6 are shown above. IV0005508, IV 0005509.
`
`1
`
`

`

`Claim
`
`1. A method for capturing a
`digital panoramic image, by
`projecting a panorama onto an
`image sensor by means of a
`panoramic objective lens, the
`panoramic objective lens
`having an image point
`distribution function that is
`not linear relative to the field
`angle of object points of the
`panorama, the distribution
`function having a maximum
`divergence of at least ±10%
`compared to a linear
`distribution function, such that
`the panoramic image obtained
`has at least one substantially
`expanded zone and at least one
`substantially compressed zone.
`
`5. The method according to
`claim 1, wherein the objective
`lens compresses the center of
`the image and the edges of the
`image and expands an
`intermediate zone of the image
`located between the center and
`the edges of the image.
`
`LG G6 Series Smartphone
`
`The above plot shows a normalized, linear point distribution function of an objective lens as a red line, wherein
`the Y axis represents the position of a point in an image with respect to the image center, and the X axis
`represents the field angle in degrees of the corresponding object point.
`
`The above plot also shows, in blue dots, measured position and field angle data (acquired using an Optikos
`LensCheck VIS and produced as IV0004037) for the wide-angle objective lens found in the LG G6. The
`deviation of the function for the G6 objective lens away from the red line and multiple inflection points indicates
`that the image point distribution function of the G6 objective lens is not linear.
`
`2
`
`

`

`LG G6 Series Smartphone
`
`As shown in row 236 of the raw data taken from the measured point data of the LG G6 objective lens (produced at
`IV0004037), the image point distribution of the LG G6 objective lens has a maximum divergence from the linear
`distribution function of over 16%, exceeding the 10% divergence required by claim 1 of the ‘990 Patent.
`
`
`
`
`
`Claim
`
`1. A method for capturing a
`digital panoramic image, by
`projecting a panorama onto an
`image sensor by means of a
`panoramic objective lens, the
`panoramic objective lens
`having an image point
`distribution function that is not
`linear relative to the field angle
`of object points of the
`panorama, the distribution
`function having a maximum
`divergence of at least ±10%
`compared to a linear
`distribution function, such
`that the panoramic image
`obtained has at least one
`substantially expanded zone
`and at least one substantially
`compressed zone.
`
`5. The method according to
`claim 1, wherein the objective
`lens compresses the center of
`the image and the edges of the
`image and expands an
`intermediate zone of the image
`located between the center and
`the edges of the image.
`
`3
`
`
`

`

`1. A method for capturing a
`digital panoramic image, by
`projecting a panorama onto an
`image sensor by means of a
`panoramic objective lens, the
`panoramic objective lens
`having an image point
`distribution function that is not
`linear relative to the field angle
`of object points of the
`panorama, the distribution
`function having a maximum
`divergence of at least ±10%
`compared to a linear
`distribution function, such that
`the panoramic image
`obtained has at least one
`substantially expanded zone
`and at least one substantially
`compressed zone.
`
`5. The method according to
`claim 1, wherein the objective
`lens compresses the center of
`the image and the edges of
`the image and expands an
`intermediate zone of the
`image located between the
`center and the edges of the
`image.
`
`Expanded
`intermediate zone
`
`Compressed
`edges
`
`
`
`
`
`
`
`
`
`Expanded
`intermediate zone
`
`Compressed
`edges
`
`Compressed center zone
`
`As indicated by its title, the above plot (produced at IV0004037) represents the derivatives of the linear point
`distribution function and the point distribution function of the G6 objective lens shown above. The Y axis
`represents the image resolution (in microns per degree) and the X axis represents the corresponding field angle of
`the lens. The LG G6 objective lens produces images with two substantially compressed zones: at the center of the
`image and around the edges of the image, where the blue dots fall below the red reference line, representing
`smaller resolution in these areas than a lens having a linear point distribution function. The G6 objective lens also
`produced a substantially expanded zone in between, from approximately 30 degrees to approximately 60 degrees,
`where the blue dots rise above the red reference line, representing a higher resolution in this area than a lens
`having a linear point distribution function.
`
`
`
`
`
`4
`
`
`

`

`Claim
`
`LG G6 Series Smartphone
`
`Edge zone
`
`Intermediate
`zones
`
`Center zone
`
`Edge zone
`
`The above image (produced at IV0005508) captured with the LG G6 phone shows that the image projected onto
`and captured by the image sensor includes all three above-mentioned zones. As can be seen in the image, the
`vertical black bars, each of which is supposed to represent 2° of the field of view, are thinner at the center and at
`the edge of the image than in the intermediate zone, where the vertical black bars are much thicker. Thus, the
`image sensor captures at least a portion of the compressed zone at the edge of the field of view of the G6 objective
`lens, in addition to the center compressed zone and the expanded intermediate zone.
`
`5
`
`

`

`US PATENT 6,844,990, CLAIM 5 v. LG V20 SERIES SMARTPHONE
`
`LG V20 Series Smartphone
`
`
`The LG V20 contains a panoramic objective lens array capable of projecting an image onto an image sensor, as
`shown in the above cross-section of the V20’s wide-angle lens array. IV0004035. LG’s technical documents
`
` The lens is panoramic and has a field of view of 135 degrees. IV0004972.
`
`Claim
`
`1. A method for capturing a
`digital panoramic image, by
`projecting a panorama onto
`an image sensor by means of
`a panoramic objective lens,
`the panoramic objective lens
`having an image point
`distribution function that is not
`linear relative to the field angle
`of object points of the
`panorama, the distribution
`function having a maximum
`divergence of at least ±10%
`compared to a linear
`distribution function, such that
`the panoramic image obtained
`has at least one substantially
`expanded zone and at least one
`substantially compressed zone.
`
`5. The method according to
`claim 1, wherein the objective
`lens compresses the center of
`the image and the edges of the
`image and expands an
`intermediate zone of the image
`located between the center and
`the edges of the image.
`
`
`Panoramic images captured by the V20 are shown above. IV0005505, IV0005506.
`
`1
`
`
`
`
`
`
`

`

`LG V20 Series Smartphone
`
`Position (distribution function)
`
`1
`
`0.9
`
`0.8
`
`0.7
`
`0.6
`
`0.5
`
`0.4
`
`0.3
`
`0.2
`
`0.1
`
`0
`
`Position (normalised)
`
`0
`
`10
`
`20
`
`30
`
`40
`
`50
`
`60
`
`70
`
`FoV (degrees)
`
`LG V20
`
`Linear
`
`
`The above plot shows a normalized, linear point distribution function of an objective lens as a red line, wherein
`the Y axis represents the position of a point in an image with respect to the image center, and the X axis
`represents the field angle in degrees of the corresponding object point.
`
`The above plot also shows, in blue dots, measured position and field angle data (acquired using an Optikos
`LensCheck VIS and produced as IV0004034) for the wide-angle objective lens found in the LG V20. The
`deviation of the function for the V20 objective lens away from the red line and multiple inflection points indicates
`that the image point distribution function of the V20 objective lens is not linear.
`
`Claim
`
`1. A method for capturing a
`digital panoramic image, by
`projecting a panorama onto an
`image sensor by means of a
`panoramic objective lens, the
`panoramic objective lens
`having an image point
`distribution function that is
`not linear relative to the field
`angle of object points of the
`panorama, the distribution
`function having a maximum
`divergence of at least ±10%
`compared to a linear
`distribution function, such that
`the panoramic image obtained
`has at least one substantially
`expanded zone and at least one
`substantially compressed zone.
`
`5. The method according to
`claim 1, wherein the objective
`lens compresses the center of
`the image and the edges of the
`image and expands an
`intermediate zone of the image
`located between the center and
`the edges of the image.
`
`2
`
`
`

`

`LG V20 Series Smartphone
`
`As shown in row 253 of the raw data taken from the measured point data of the LG V20 objective lens (produced
`at IV0004034), the image point distribution of the LG V20 objective lens has a maximum divergence from the
`linear distribution function of over 16%, exceeding the 10% divergence required by claim 1 of the ‘990 Patent.
`
`
`
`
`
`Claim
`
`1. A method for capturing a
`digital panoramic image, by
`projecting a panorama onto an
`image sensor by means of a
`panoramic objective lens, the
`panoramic objective lens
`having an image point
`distribution function that is not
`linear relative to the field angle
`of object points of the
`panorama, the distribution
`function having a maximum
`divergence of at least ±10%
`compared to a linear
`distribution function, such
`that the panoramic image
`obtained has at least one
`substantially expanded zone
`and at least one substantially
`compressed zone.
`
`5. The method according to
`claim 1, wherein the objective
`lens compresses the center of
`the image and the edges of the
`image and expands an
`intermediate zone of the image
`located between the center and
`the edges of the image.
`
`3
`
`
`

`

`Expanded
`intermediate zone
`
`Compressed
`edges
`
`
`
`
`
`
`
`
`
`Expanded
`intermediate zone
`
`Compressed
`edges
`
`Resolution (derivative of distribution function)
`
`50
`
`45
`
`40
`
`35
`
`30
`
`25
`
`20
`
`15
`
`10
`
`Resolution (µm/degree)
`
`Compressed center zone
`
`05
`
`-70
`
`-60
`
`-50
`
`-40
`
`-30
`
`-20
`
`-10
`
`0
`
`10
`
`20
`
`30
`
`40
`
`50
`
`60
`
`70
`
`FoV (degrees)
`
`LG V20
`
`Linear
`
`
`
`As indicated by its title, the above plot (produced at IV0004034) represents the derivatives of the linear point
`distribution function and the point distribution function of the V20 objective lens shown above. The Y axis
`represents the image resolution (in microns per degree) and the X axis represents the corresponding field angle of
`the lens. The LG V20 objective lens produces images with two substantially compressed zones: at the center of
`the image and around the edges of the image, where the blue dots fall below the red reference line, representing
`smaller resolution in these areas than a lens having a linear point distribution function. The V20 objective lens
`also produced a substantially expanded zone in between, from approximately 30 degrees to approximately 60
`degrees, where the blue dots rise above the red reference line, representing a higher resolution in this area than a
`lens having a linear point distribution function.
`
`4
`
`
`1. A method for capturing a
`digital panoramic image, by
`projecting a panorama onto an
`image sensor by means of a
`panoramic objective lens, the
`panoramic objective lens
`having an image point
`distribution function that is not
`linear relative to the field angle
`of object points of the
`panorama, the distribution
`function having a maximum
`divergence of at least ±10%
`compared to a linear
`distribution function, such that
`the panoramic image
`obtained has at least one
`substantially expanded zone
`and at least one substantially
`compressed zone.
`
`5. The method according to
`claim 1, wherein the objective
`lens compresses the center of
`the image and the edges of
`the image and expands an
`intermediate zone of the
`image located between the
`center and the edges of the
`image.
`
`

`

`Claim
`
`LG V20 Series Smartphone
`
`Edge zone
`
`Center zone
`
`Intermediate
`zones
`
`Edge zone
`
`The above image (produced as IV0005506) captured with the LG V20 phone shows that the image projected onto
`and captured by the image sensor includes all three above-mentioned zones. As can be seen in the image, the
`vertical black bars, each of which is supposed to represent 2° of the field of view, are thinner at the center and at
`the edge of the image than in the intermediate zone, where the vertical black bars are much thicker. Thus, the
`image sensor captures at least a portion of the compressed zone at the edge of the field of view of the V20
`objective lens, in addition to the center compressed zone and the expanded intermediate zone.
`
`5
`
`